Organizations Ask Court to Overturn EPA Approval of E15

The National Petrochemical & Refiners Association, the International Liquid Terminals Association and the Western States Petroleum Association today asked a federal appeals court to overturn a recent decision by the Environmental Protection Agency that authorizes the sale of gasoline with 50 percent more ethanol for late-model vehicles.

EPA’s October 13th decision boosted the amount of ethanol permitted in gasoline used by cars and light trucks in the 2007 model year and later from the current 10 percent (E10) to 15 percent (E15). The groups asked the U.S. Court of Appeals for the District of Columbia Circuit to review and overturn the EPA decision, contending EPA violated the Clean Air Act and the Administrative Procedure Act. The lawsuit argues that EPA does not have authority under the Clean Air Act to approve a partial waiver that allows the use of E15 in some engines but not in others. In addition, the lawsuit will contend that EPA based its partial waiver decision on new data submitted to the public rulemaking docket on the day before EPA announced the partial waiver, providing no time for the stakeholder review or meaningful public comment required under the Administrative Procedure Act.

Opponents of E15 have previously raised concerns about engine damage in cars, trucks, motorcycles, boats, snowmobiles, and outdoor power equipment such as lawnmowers and chainsaws that might be caused by E15 and misfueling (or inevitably using E15 in other engines for which it is not recommended). (Frank Maisano)