The American Fuel & Petrochemical Manufacturers (AFPM) expressed
disappointment today after the Supreme Court decided not to consider the
association's challenge of EPA’s E15 waivers.
Court’s decision denies the petitioners their day in court and will have
negative repercussions for consumers. It
is unfortunate that EPA's decision to place politics ahead of science will
stand,” said AFPM President Charles T. Drevna.
allows gasoline containing 15 percent ethanol, called E15, a fifty per cent
increase over a safe and efficient product to be sold into the general fuel
supply. AFPM challenged the legality of EPA's
decision because E15 has been shown to cause engine damage in most automobiles,
boats and outdoor power equipment, such as chainsaws and lawnmowers.
Circuit Court, which first considered AFPM's case, ruled that the refining
industry lacked standing to challenge EPA's decision. The court reached this
conclusion despite the fact that refiners are forced to produce new gasoline
blendstocks, invest in the infrastructure necessary to carry two types of
fuels, and face potential liabilities from engine damage because of EPA’s
decision. In a disenting opinion, Judge Kavanaugh of the D.C. Circuit found EPA
“ran roughshod over the relevant statutory limits.” AFPM petitioned the Supreme Court to
reconsider the district court's ruling, arguing that the DC Circuit’s decision
incorrectly limits the ability of injured parties to seek judicial review of
federal agency actions.
continues to assert that EPA overstepped its authority under the Clean Air Act
when it granted partial waivers to allow the use of E15 in certain engines,
including vehicles model year 2001 and newer. Objective tests have shown that
E15 may cause engine damage in vehicles and therefore should not be an approved
fuel under the Clean Air Act that can be sold in the general gasoline supply.