Groups ask Supreme Court to hear case on E15

Published on: Feb 22, 2013

The Grocery Manufacturers Association (GMA), as part of a coalition of food, farm and oil industry groups, filed a petition with the U.S. Supreme Court asking that it reverse the DC Circuit Court’s August 2012 decision to dismiss its challenge to the Environmental Protection Agency’s (EPA) decision to allow gasoline containing 15% ethanol (“E15”) to be sold for cars manufactured in the 2007 model year or later. 

The original suit objected to the EPA’s decision on the grounds that granting a “partial waiver” of the Clean Air Act allowing E15 to be used only in cars built after model year 2006 is not within the agency’s legal authority. The petitioners argued that under the Clean Air Act the EPA administrator may only grant a waiver for a new fuel additive if it “will not cause or contribute to a failure of any emission control device or system.” 

Last August, the DC Circuit dismissed the case on the grounds that none of the 17 petitioners had standing to challenge the E15 waivers.

GMA executive vice president for government affairs Louis Finkel said, “The original suit filed argued that EPA had exceeded its authority and violated the law when approving the use of E15; but more importantly, it put consumers at risk of food insecurity. These facts have not changed. We continue to support this position and are now looking to the Supreme Court to overturn the decision of the lower court to ensure that GMA and the coalition’s arguments are heard.”