The Engine Products Group, is asking the U.S. Supreme Court to reconsider a court of appeal's decision not to hear a case against the Environmental Protection Agency's allowance of E15, or gas with 15 percent ethanol, in the overall fuel supply.
The petition asks the Supreme Court to reconsider a D.C. Circuit Court of Appeals decision in August that none of the parties had standing in the case challenging the EPA's decision to grant partial waivers approving the sale of gasoline containing E15. The petition asks the Supreme Court to accept the case for review. If the Supreme Court does so, the parties will then ask the court to reverse the appeals court's ruling and find the parties have the right to challenge the EPA's partial waiver decisions that allow the sale of E15 for some passenger cars and light trucks, but not older vehicles or in motorcycles, boats and off-road engines.
In January, the U.S. Court of Appeals for the District of Columbia denied a rehearing on the EPA decision that put fuel with 15 percent ethanol on the market. Dissenting Judge Brett Kavanaugh said the EPA waiver "plainly violates" statutory text, according to court documents filed in January.
The battle over E15 is not just gaining traction in the courts. There has also been legislation introduced on Capitol Hill asking for more studies of the fuel's effect on engines and a complete review of the EPA's Renewable Fuel Standard.