API Appeals E15 Decision to Supreme Court

Says court incorrectly concluded none of 17 petitioners had standing to challenge waivers

WASHINGTON -- The  American Petroleum Institute (API) and other groups have appealed to the U.S. Supreme Court a D.C. Circuit Court decision rejecting a challenge to the U.S. Environmental Protection Agency's (EPA) grant of partial waivers for use of the ethanol-gasoline blend, E15, API's group director for downstream and industry operations Bob Greco said during a teleconference on Feb. 21.

(See File Attachments below for the prepared remarks, as well as to view the petition.)

"We've filed this petition because the D.C. Circuit incorrectly concluded that none of the 17 petitioners had standing to challenge the E15 partial waivers--not the engine manufacturers whose products will run on this new fuel blend, not the petroleum industry who must undertake massive infrastructure changes to accommodate the blend and meet the renewable fuel mandate and not the food producers who now face significantly greater competition in the commodities market for corn, the conventional feedstock for ethanol," he said.

"Had EPA stayed within its statutory authority and followed proper procedures, it would have waited until ongoing E15 testing on engines and fuel systems was completed before allowing the use of E15. Then it would have discovered that E15 is not safe for millions of vehicles now on the road," said Greco.

"Although we hope the court will resolve the E15 problem, we also believe our experience here represents only one of many underlying problems with the Renewable Fuel Standard, so we are calling on Congress to repeal the program," he said.

The parties to the proceedings before the U.S. Court of Appeals for the District of Columbia Circuit are Grocery Manufacturers Association, American Petroleum Institute, American Frozen Food Institute, American Meat Institute, National Chicken Council, National Council of Chain Restaurants of the National Retail Federation, North American Meat Association, National Pork Producers Council, National Turkey Federation and Snack Food Association.

Additional petitioners in the consolidated proceedings before the court below that are not joined in this petition are Alliance of Automobile Manufacturers, Association of Global Automakers, Inc., National Marine Manufacturers Association, Outdoor Power Equipment Institute, American Fuel & Petrochemical Manufacturers, International Liquid Terminals Association and Western States Petroleum Association.

API is a national trade association that represents all segments of the U.S. oil and natural gas industry. Its more than 500 members--including large integrated companies, exploration and production, refining, marketing, pipeline and marine businesses and service and supply firms--provide most of the nation's energy. The industry also supports 9.2 million U.S. jobs and 7.7% of the U.S. economy, delivers $86 million a day in revenue to our government and, since 2000, has invested more than $2 trillion in U.S. capital projects to advance all forms of energy, including alternatives.