Court dismisses challenge to EPA’s E15 Rule

WASHINGTON (LOG NEWS SERVICE) — Representatives of the recreational boating industry said they are disappointed that a federal appeals court has dismissed on procedural grounds a boating industry supported challenge to the Environmental Protection Agency’s plans to prevent misfueling of vehicles and engines with gasoline containing between 10 and 15 percent ethanol (E15).

The U.S. Court of Appeals for the District of Columbia Circuit on Oct. 21 denied the petition for review filed by the Alliance of Automobile Manufacturers, et al. against the Environmental Protection Agency holding that the petitioners — which included the American Petroleum Institute and the Engine Products Group (a coalition of organizations that includes the National Marine Manufacturers Association) — failed to establish standing because “they cannot show that their members have suffered or are threatened with suffering an injury in fact that is traceable to the regulation and redressable by a favorable decision.”

The court said that the American Petroleum Institute and the Engine Products Group previously challenged EPA’s decisions approving the introduction of E15 for certain vehicles and engines in Grocery Manufacturers Association v. EPA in 2012. The court dismissed that petition for lack of standing. “Because petitioners’ standing arguments in this case suffer similar flaws Grocery Manufacturers dictates the outcome of this case,” the court said in its decision in Alliance of Automobile Manufacturers v. EPA on Oct 21.

The National Marine Manufacturers Association said that this latest decision by the court allows E15 to continue to be sold at pumps across the nation and, in its opinion, without adequate labeling or education of the consumer about how to select the correct fuel for their use.

Fuel above E10 can pose serious problems in marine and other non-road engines such as snowmobiles, lawn and garden equipment, the NMMA said.

The NMMA said because the latest decision continues to allow the potentially dangerous E15 to be sold at retail gas stations across the country — where, it said, 95 percent of boats are fueled — it has joined the Outdoor Power Equipment Institute in supporting the Look Before You Pump campaign that focuses on alerting consumers to check the labeling on fuel pumps and prevent misfueling.

NMMA said it will be working on behalf of the boating industry to do everything it can to prevent misfueling through education and that it will take the necessary action to ensure that low ethanol fuels remain available for the 89 million boaters enjoying our waters across the nation.

Tom Buis, CEO of Growth Energy, said in a release Oct. 21 that the decision “is another victory for ethanol and the American motorist.”

“To continue to achieve the success of the Renewable Fuel Standard, Grown Energy led the fight for E15, which is now being sold by over 90 retailers in 14 states,” Buis said