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E15 appeal refused

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OPEI's petition against the EPA waiver is struck by U.S. Appeals Court a second time.

| January 17, 2013

The U.S. Court of Appeals upheld a decision that green industry groups and others have no standing to bring a lawsuit blocking the sale of fuel with a 15 percent ethanol blend, or E15.

Judges found, just as in the August 2012 decision, that the groups petitioning against the EPA’s waivers allowing the fuel to be sold commercially were not specifically harmed by the fuel. The court refused the appeal, and will not hear the merits of the arguments. The panel reached the decision at 6-1, a larger difference than in the 2-1 loss in August.

Included in the groups challenging the waivers are the Outdoor Power Equipment Institute and the American Petroleum Institute, among others. E15, which contains twice the amount of ethanol as the more-common E10 gasoline, has been shown to damage small-engine equipment and breaks down more quickly, according to Kris Kiser, CEO of OPEI.

“EPA has acknowledged there will be mis-fueling with E15; there will be engine and product failure,” he said. “This is the reason the outdoor power equipment, boating, UTV, snowmobile, auto and motorcycle industries, as well as the American Automobile Association (AAA) and the Coast Guard, oppose this higher ethanol fuel. Our interest is in protecting our customers.

“Now, we will reconsider moving forward on a mis-fueling rule challenge concerning EPA’s wholly inadequate solution to avoid mis-fueling, which consists of a small 3x3 gas pump label. EPA denied our petition to have an E10 legacy fuel for the marketplace; we remain adamant that an E10 fuel stay in the marketplace for all products not approved for E15 use.”

The EPA has currently cleared E15 for use in cars manufactured since 2001, and it is available at some commercial pumps.

 

For more of our coverage of the E15 issue, click HERE to read our cover story from the August 2012 decision.

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