U.S. Supreme Court Declines to Hear Challenge to EPA’s E15

On June 24, 2013, the Supreme Court denied a writ of certiorari from a group of refiners, auto manufacturers, and grocery wholesalers challenging the Environmental Protection Agency’s (EPA) E15. The U.S. Court of Appeals for the District of Columbia previously found that the group had no standing to challenge the E15.

The E15 is a combination of two waivers passed by the EPA allowing for the addition of up to 15% ethanol to gasoline for use in light-duty motor vehicles manufactured from 2001 to 2007. Several oil industry groups, like the American Fuel and Petrochemical Manufacturers (AFPM), opposed the waivers, claiming that the EPA does not have the authority under the Clean Air Act to grant the E15 waivers, and that the use of 15% ethanol in motor vehicles can cause engine damage.  AFPM President Charles Drevna stated the Supreme Court’s decision not to hear the appeal will negatively impact consumers.

In contrast, biofuel companies are pleased that the Supreme Court declined to hear the appeal. Growth Energy, a biofuels advocacy group that supports the E15, hailed the decision not to hear the challenge.  Growth Energy’s CEO Tom Buis stated that he hoped that oil companies would work with biofuel producers to create new blends that will reduce cost for consumers, create jobs, and be mindful of the environment.

Written By Sarah Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

June 25, 2013