As high court denies review, biofuels groups look to EPA to boost E15

Source: By Inside EPA • Posted: Tuesday, January 11, 2022

Biofuels groups are looking to EPA to salvage summertime sales of 15 percent ethanol fuel (E15) with regulatory action, a step the agency has hinted it may take, after the Supreme Court denied their petition seeking review of a lower court ruling that effectively bans E15 sales during the summer months in much of the country. The high court in its Jan. 10 order list denied certiorari in Growth Energy v. American Fuel and Petrochemical Manufacturers (AFPM), a suit brought by biofuels interests to overturn a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that scrapped the Trump EPA’s approval of E15 summer sales. With legal action now concluded, biofuels interests are looking to EPA for regulation and state-specific exemptions from federal fuel volatility rules governing Reid vapor pressure (RVP) in order to continue sales of E15 next summer and beyond.