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The DC Circuit Court of Appeals reversed a 2019 rule by the Environmental Protection Agency that lifted outdated restrictions on the sale of a 15% ethanol fuel blend (E15).
The case, American Fuel & Petrochemical Manufacturers, et al. vs. EPA, was a challenge by oil refiners to the rulemaking that allowed the year-round sale of E15.
Growth Energy, the Renewable Fuels Association, and the National Corn Growers Association were intervenors on behalf of EPA in the case and issued a joint statement expressing disappointment in the court’s ruling.
They said: “We disagree with the court’s decision to reject EPA’s move to expand the RVP waiver to include E15, a decision that could deprive American drivers of lower carbon options at the pump and would result in more carbon in the atmosphere.
“We are working to ensure the continuity of E15 sales through the 2021 summer season and beyond. This decision could impact summertime sales across all non-RFG areas where nearly two-thirds of retail sites offering E15 currently do business. If E15 in those markets were to end, summertime E15 sales would fall by 90%.
“We are pursuing all available options and will work with the administration and our congressional champions to ensure that we have a solution in place before the 2022 driving season.”
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