A federal appeals court refused to reconsider a decision to throw out a lawsuit challenging an Environmental Protection Agency (EPA) rule that allows sales of E-15, a gasoline blend containing 15 percent ethanol. Grocery, auto and oil industry trade groups sued in 2010, saying using more corn-based ethanol in fuel would harm engines and push up the price of food and gasoline.
The appeals court upheld an August ruling in which a three-judge panel said the industries couldn’t show they had suffered specific harm as a result of the EPA’s decision. Six of the seven judges in the federal appeals court who reviewed the case voted to let the earlier decision stand. In his dissent, U.S. Circuit Judge Brett Kavanaugh said the case has “significant economic ramifications for the American food and petroleum industries, as well as for American consumers who will ultimately bear some of the costs.”
The decision comes as the oil industry remains concerned over the Renewable Fuel Standard. The amount of ethanol EPA will require petroleum refiners to blend into the nation's gasoline supply will likely exceed the amount that can be legally blended into the fuel, typically 10 percent, this year unless Congress acts.
This article originally ran in NATSO News Weekly (NNW), NATSO's member only weekly electronic newsletter. NNW is packed with the latest updates on government and business issues affecting the truckstop and travel plaza industry.
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