WASHINGTON—The American Fuel & Petrochemical Manufacturers said it was disappointed that the U.S. Supreme Court declined to hear AFPM's appeal of an “E15” case.
In August 2012, the U.S. Court of Appeals for the District of Columbia Circuit rejected the association's challenge to the U.S. Environmental Protection Agency's approval of the sale of gasoline containing 15 percent or more ethanol.
AFPM, along with its co-plaintiffs International Liquid Terminals Association and Western States Petroleum Association, did not have standing to oppose the E15 standard because they did not demonstrate a direct injury from E15 sales, the appeals court ruled.
AFPM 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,” said AFPM President Charles L. Dravna.
“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,” Dravna said.
Although not a party to the lawsuit, the Specialty Equipment Market Association supported the AFPM action and also was unhappy with the Supreme Court's June 24 decision not to grant an appeal.
“Today's decision denying standing for industries challenging the E15 rule is disappointing for the millions of motorists who own older cars or those with high-performance specialty parts,” said Steve McDonald, SEMA vice president-government affairs.
“These vehicles and parts are threatened with destruction by E15's chemical properties,” McDonald said. “The EPA acknowledged the threat but, beyond minimal labeling requirements, took no additional steps to ensure that incompatible vehicles and engines were not misfueled with E15.”
In SEMA's June 27 eNews, the association called for legislation to repeal the EPA's E15 mandate.
SEMA-approved legislation to effectively ban E15 has passed the House Science Committee, but has not been acted on in the Senate, SEMA said.