WASHINGTON - The U.S. Court of Appeals for the District of Columbia has preserved an Environmental Protection Agency (EPA) ruling that permits the sale of E15.

In August 2012, the court dismissed the challenges brought forth by trade associations representing automakers, refiners and other industries on EPA€™s E15 waiver, saying that the groups did not have a legal right to challenge the EPA decision. In 2010, EPA issued a partial waiver that allows for the use of E15 in vehicles manufacture during or after model year 2007. In 2011, EPA expanded authorized use of E15 to include model year 2001 and later vehicles.

Yesterday the federal court ruled that it won€™t rehear the EPA decision that put E15 on the market, reports The Hill, calling the ruling "a setback for the oil-and-gas industry and the AAA motor club, which oppose the use of E15." In August 2012,

The development is a win for the biofuels industry, which also is fighting off a lobbying effort against E15 and a biofuel blending mandate vital to the industry. A December AAA survey revealed a strong likelihood of consumer confusion and the potential for voided warranties and vehicle damage as a result of EPA€™s approval of E15 gasoline in June 2012.

Ensuring that E15 is more widely available would also help the biofuels industry meet blend wall targets established by the renewable fuel standard, which requires refiners to blend 36 billion gallons of biofuels into the retail fuels market by 2022.

NACS supports legislation that would provide fuel retailers with the opportunity to sell new fuels, such as E15, in a responsible and legal manner. In the previous Congress, NACS supported H.R. 4345, the Domestic Fuels Protection Act and a similar Senate version, S. 2264, the Domestic Fuels Act. The "fuel neutral" bills would ensure that equipment that meets the EPA€™s equipment compatibility guidelines satisfy all applicable compatibility requirements, protect retailers from misfueling liability and prevent retroactive liability if a fuel sold today is later declared defective.