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E15 Headed For The High Court?

Posted on March 26, 2013

The saga of E15 has taken yet another interesting turn.

The Engine Products Group, comprising the Alliance of Automobile Manufacturers (Alliance), The Association of Global Automakers, the Outdoor Power Equipment Institute and the National Marine Manufacturers Association, has filed a petition asking the U.S. Supreme Court to review the DC Circuit Court of Appeals’ August 2012 decision that none of the trade associations or parties had standing in the case.

The group is challenging the Environmental Protection Agency’s (EPA) decision to grant partial waivers approving the sale of gasoline containing 15% ethanol (E15) for 2001 model year and newer passenger cars and light trucks.  The Court of Appeals dismissed the case for lack of jurisdiction in August 2012.

The petition asks the Supreme Court to accept the case for review.  If the Supreme Court accepts the case, the parties will then ask that court to reverse the Court of Appeal’s ruling and find the parties have the right to challenge EPA’s partial waiver decisions that allow sale of E15 for some passenger cars and light trucks but not older vehicles and not for use in motorcycles, boats and off- road engines.  

“This appeal to the U.S. Supreme Court reflects the seriousness of this issue for the outdoor power equipment and small engine industry,” said Kris Kiser, president and chief executive officer of OPEI. “We feel strongly that this challenge to the E15 partial waiver needs to be considered on its merits, and not held back on a procedural issue. We will push on to protect our consumers from the engine failure and product harm that comes from mis-fueling with E15.”

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