AFPM petitions US Supreme Court to overturn E15 decision

The American Fuel & Petrochemical Manufacturers (AFPM) asked the US Supreme Court to overturn the District of Columbia Circuit Appeals Court’s August 2012 decision to dismiss it and other oil industry associations’ legal challenges of the US Environmental Protection Agency’s partial approval of gasoline with a 15% ethanol blend.

The groups were challenging EPA’s authorizing use of E15 in newer-model year motor vehicles, while maintaining a prohibition on the midlevel ethanol blend use in older vehicles, marine engines, motorcycles, and gasoline-powered equipment.

AFPM said its Apr. 12 petition challenges the DC Circuit’s holding that the petroleum industry, which is forced to produce new gasoline blendstocks, invest in the infrastructure necessary to carry the two types of fuels, and face potential liabilities from E15 engine damage, lacks standing to challenge EPA’s decision.

The petition contends that the DC Circuit’s decision incorrectly limits the ability of injured parties to seek judicial review of federal agency actions, AFPM indicated.

“Studies have shown that E15 use causes damage to engines that could result in safety, liability and warranty issues,” AFPM Pres. Charles T. Drevna said. “EPA’s decision to promote the ethanol industry at the expense of consumers is unacceptable. I expect that our nation’s highest court will identify and correct this mistake.”

Contact Nick Snow at nicks@pennwell.com.

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