AFPM Reacts to Court Decision to Deny Petition for Rehearing on the Use of E15 Ethanol Blended Fuel
WASHINGTON--Jan. 15, 2013: The American Fuel & Petrochemical Manufacturers (AFPM) responded today to the U.S. Court of Appeals for the District of Columbia's decision to deny petitions to rehear a case on the Environmental Protection Agency's (EPA) decision to allow gasoline containing 15 percent ethanol -- called "E15" -- to be sold into the general fuel supply for use in some motor vehicles and engines.
"We are disappointed that the DC Circuit will not rehear the case and will let stand a procedural block that prevents the court from reaching the merits of this important issue. We remain concerned that EPA's partial waiver will result in significant misfueling and will harm consumers. EPA has authorized the sale of an ethanol blend that virtually every automobile manufacturer has warned will damage existing vehicles," said AFPM General Counsel Rich Moskowitz.
AFPM on October 1, 2012 filed a Petition for a Rehearing of the Grocery Manufacturers of America, et al. v. EPA, reasoning that EPA overstepped its authority under the Clean Air Act by granting partial waivers to allow the use of E15 in certain engines, including vehicles model year 2001 and newer.
Several studies have shown that E15 causes engine damage to passenger vehicles, boats and outdoor power equipment, including chainsaws and lawnmowers, and has led AFPM and other industry groups to raise concerns about a fuel not approved for use by the manufacturers of more than 228 million vehicles on the road today. A recent survey by the American Automobile Association (AAA) reported that 95 percent of consumers surveyed had not heard of E15 gasoline which lends credence to the potential for misuse and engine harm as well as creating safety, liability and warranty issues.
"We are analyzing the decision and will determine whether to seek review by the Supreme Court. Judge Kavanaugh issued a strong dissent based on EPA's acknowledgment that E15 damages cars and specifically referenced a recent AAA warning calling upon EPA to block the sale of E15," Moskowitz concluded.
AFPM, the American Fuel & Petrochemical Manufacturers (formerly known as NPRA, the National Petrochemical & Refiners Association) is a trade association representing high-tech American manufacturers of virtually the entire U.S. supply of gasoline, diesel, jet fuel, other fuels and home heating oil, as well as the petrochemicals used as building blocks for thousands of vital products in daily life. AFPM members make modern life possible and keep America moving and growing as they meet the needs of our nation and local communities, strengthen economic and national security, and support 2 million American jobs.