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E15 rehearing denied

Hydrocarbon Engineering,

The AFPM has responded to the US Court of Appeals for the District of Colombia’s decision to deny petitions to rehear a case on the Environmental Protection Agency’s (EPA) decision to allow gasoline containing 15% ethanol (E15), to be sold into the general fuel supply for use in motor vehicles and engines.

The details

On October 1st 2012, AFPM 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% 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 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 authorised the sale of an ethanol blend that virtually every automobile manufacturer has warned will damage existing vehicles,’ said AFPM General Counsel Rich Moskowitz.

Moskowitz continued, ‘We are analysing the decision and will determine whether to seek review by the Supreme Court. Judge Kavanaugh issued a strong dissent based on EPA’s acknowledgement that E15 damages cars and specifically referenced a recent AAA warning calling upon EPA to block the sale of E15.’

Adapted from press release by Claira Lloyd

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