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E15 may go to the Supreme Court

Industry News

The Engine Products Group has filed a petition asking for a review of a prior Court of Appeals decision.

| March 27, 2013

WASHINGTON, DC –  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, filed a petition for certiorari today 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 percent 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.

Automakers’ greatest concern continues to be customers. It is critical that consumers have a positive experience with renewable fuels, which are an important component of our national energy security. It is not in the longer term interest of consumers, the government, and all parties involved to discover, after the fact, that equipment or performance problems are occurring because a new fuel was rushed into the national marketplace.

“OPEI, as part of the Engine Products Group, has filed an appeal to the U.S. Supreme Court to review the DC Circuit Court of Appeals’ claim that we did not have standing to challenge the EPA on a partial waiver for E-15," said Kris Kiser, president and CEO of OPEI.

"This appeal to the U.S. Supreme Court reflects the seriousness of this issue for the outdoor power equipment and small engine industry. We feel strongly that this challenge to the E-15 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 E-15."

For a past article on E15, click here and here.

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