API Appeals E15 Decision to U.S. Supreme Court

API is petitioning the Supreme Court to review an appeals court decision that preserved the EPA's decision to allow E15 fuel in the marketplace.

February 22, 2013

WASHINGTON - API and other groups have appealed to the U.S. Supreme Court a D.C. Circuit Court decision rejecting a challenge to EPA??s grant of partial waivers for use of the ethanol-gasoline blend, E15, API??s group director for downstream and industry operations Bob Greco told reporters this morning:

"We??ve filed this petition because the D.C. Circuit incorrectly concluded that none of the 17 petitioners had standing to challenge the E15 partial waivers - not the engine manufacturers whose products will run on this new fuel blend, not the petroleum industry who must undertake massive infrastructure changes to accommodate the blend and meet the renewable fuel mandate, and not the food producers who now face significantly greater competition in the commodities market for corn, the conventional feedstock for ethanol.

"Had EPA stayed within its statutory authority and followed proper procedures, it would have waited until ongoing E15 testing on engines and fuel systems was completed before allowing the use of E15. Then it would have discovered that E15 is not safe for millions of vehicles now on the road.

"Although we hope the court will resolve the E15 problem, we also believe our experience here represents only one of many underlying problems with the Renewable Fuel Standard, so we are calling on Congress to repeal the program."

In addition to API, petitioners include the Grocery Manufacturers Association, American Meat Institute, National Chicken Council, the National Retail Federation??s National Council of Chain Restaurants, North American Meat Association, National Pork Producers Council, National Turkey Federation and the Snack Food Council.

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