Court Denies Big Oil’s Challenge of E15
October 27, 2014 - Issue #202View Full Issue
The U.S. Court of Appeals for the District of Columbia recently rejected a petition by theAmerican Petroleum Institute (API) and other groups challenging the Environmental Protection Agency’s (EPA) E15 misfueling mitigation rule.
The court denied the petition saying the petitioners didn’t have 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.”
API attempted to argue for its standing saying its members are directly affected by the regulation “which directly imposes regulatory restrictions, costs and liabilities on persons or firms that sell E15.”
However, the court said API has no standing because it has provided no evidence that its members sell or intend to sell E15. “In fact, petitioners’ counsel conceded that API recently polled its members as to whether any member currently sells E15 and no API member responded affirmatively,” wrote the court in its decision. “Nor has API shown that its members are contemplating entering into the market and that their decision depends on the validity of the challenged regulation. API has therefore failed to show exposure to a risk of injury adequate for standing.”
“Today is another victory for ethanol and the American motorist,” stated Growth Energy CEO Tom Buis. “To continue to achieve the success of the Renewable Fuel Standard, Growth Energy led the fight for E15 which is now being sold by over 90 retailers in 14 states. This decision is important because it continues to uphold the choice and savings for the American motorist with E15.”