WASHINGTON–The Engine Products Group is asking the U.S. Supreme Court to review an appeals court’s dismissal of its challenge to the United States Environmental Protection Agency’s (EPA) decision to grant partial waivers approving the sale of gasoline containing 15 percent ethanol (E15) for certain vehicles.
The Engine Products Group—which includes the Alliance of Automobile Manufacturers, the Association of Global Automakers, the Outdoor Power Equipment Institute and the National Marine Manufacturers Association—filed a petition calling for the U.S. Supreme Court’s review of the August 2012 U.S. Court of Appeals for the District of Columbia Circuit decision that none of the trade associations or parties had standing in the case.
“This appeal to the U.S. Supreme Court reflects the seriousness of this issue for the outdoor power equipment and small engine industry,” said Kris Kiser, president and CEO, Outdoor Power Equipment Institute. “We feel strongly that this challenge to the E15 partial waiver needs to be considered on its merits and not held back on a procedural issue. We will push on to protect our consumers from the engine failure and product harm that comes from mis-fueling with E15.”
The Engine Products Group’s petition asks the U.S. Supreme Court to accept the case for review. If that happens, the parties will then ask it to reverse the U.S. Court of Appeal’s ruling and find the parties have the right to challenge EPA’s partial waiver decisions that allow sale of E15 for 2001 model year and newer passenger cars and light trucks but not older vehicles and not for use in motorcycles, boats and off road engines.
Growth Energy, an ethanol industry trade group, petitioned the EPA in March 2009 to raise the limit on ethanol in gasoline from 10 percent to 15 percent. Several engine and auto manufacturers as well as others urged EPA to be deliberative in its review process, assuring thorough and adequate testing to assure that E15 would not harm existing products or pose safety risks. By approving E15 use in a small subset of engines on the road, it is expected that the fuel will be used in products not designed for its use and for which E15 has not been specifically approved.
