Appeals Court Rejects E15 Challenge

By CnAgri2012-08-20 19:50:50 Print

A federal appeals court has rejected a challenge to Environmental Protection Agency decisions allowing an increase in ethanol content in gasoline to 15 percent. In a 2-1 ruling, the U.S. Court of Appeals for the District of Columbia Circuit said trade associations of engine manufacturers, food producers and petroleum producers did not have standing to sue because they failed to show that their members are harmed by the EPA action.

In two decisions, the EPA has approved the introduction of a gasoline blend of up to 15 percent ethanol for use in light-duty vehicles from model-year 2001 and later. The national gasoline supply is largely a blend with 10 percent ethanol. Ethanol producers, who sought the 15 percent option, say the ruling keeps a pathway open that could enable ethanol demand to expand.

The industries filed suit against the EPA in November 2010, saying that rules allowing for increased use of corn-based ethanol in auto fuel would push up the price of food and gasoline and harm engines.

Automobile manufacturers have told Congress that vehicle warranties will not cover damage caused by E15. Blends of 15 percent ethanol are referred to as E15, while concentrations of 10 percent and 85 percent are called E10 and E85.

Circuit Judge Brett Kavanaugh dissented from the three-judge panel's decision. Kavanaugh's dissent said the groups' standing to sue was established by the prospect of rising costs for their members.

At least 25 U.S. senators and 156 House members have signed letters asking Lisa Jackson, administrator of the Environmental Protection Agency, to suspend or lower mandates on how much ethanol the country must use this year and next, because of the high cost of corn for competing uses, mainly livestock and other foods.