Governors' Biofuels Coalition

Industry groups asked a federal appeals court today to reconsider its decision to toss out a challenge to U.S. EPA’s approval of a gasoline blend that includes 15 percent ethanol.

In its August ruling, the U.S. Court of Appeals for the District of Columbia Circuit held that none of the petitioners — including groups representing oil refiners, auto engine manufacturers and food producers — had standing to bring the challenge.

The decision was a win for the ethanol industry, which successfully called on EPA to increase the amount of ethanol allowed in gasoline from 10 percent, as is usually found in gas stations, to 15 percent.

The petitioners want the three-judge panel to reconsider the ruling or for the entire court, sitting en banc, to hear the case.

In support of their request, the petitioners can point to a dissenting opinion written by Judge Brett Kavanaugh, who said all the groups did have standing (Greenwire, Aug. 17).

The standing issue is one of “exceptional and recurring importance to the hundreds of litigants each year who seek review of agency decisions in this court,” lawyers for the groups wrote in the petition

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