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Opposition against E15 continues in to 2011

Hydrocarbon Engineering,

The National Petrochemical & Refiners Association (NPRA), joined with two organisations on 4th January 2011 to ask a federal appeals court to overturn a recent decision by the Environmental Protection Agency (EPA) that authorises the sale of gasoline with 50% more ethanol for late model vehicles.

Organisations joining NPRA in the legal challenge to EPA are the International Liquid Terminals Association and the Western States Petroleum Association.

EPA’s October 13th decision boosted the amount of ethanol permitted in gasoline used by cars and light trucks in the 2007 model year and later from the current 10% (E10) to 15% (E15).

Petition/law suit details

NPRA and other orgnisations today filed a petition asking the US Court of Appeals for the District of Columbia Circuit to review and overturn the EPA decision, contending EPA violated the Clean Air Act and the Administrative Procedure Act. The lawsuit by the groups will argue that EPA does not have authority under the Clean Air Act to approve a partial waiver that allows the use of E15 in some engines but not in others.

In addition, the lawsuit will contend that EPA based its partial waiver decision on new data submitted to the public rulemaking docket on the day before EPA announced the partial waiver, providing no time for the stakeholder review of meaningful public comment required under the Administrative Procedure Act. NPRA and other organisations will file more details and written arguments regarding their lawsuit in coming weeks.


‘NPRA is taking this action because our members are committed to consumer protection and providing safe, efficient, affordable and reliable fuel to the American people,’ NPRA President Charles T. Drevna said. ‘The organisations challenging EPA’s decision believe the agency has acted unlawfully in its rush to allow a 50% increase in the amount of ethanol in gasoline without adequate testing and without following proper procedures. As a result, we had no choice but to take this issue to court.’

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