An appeal of the Environmental Protection Agency’s decision to allow E15 into the fuel supply was denied recently in federal court.
The U.S. Court of Appeals for the District of Columbia denied a rehearing on the EPA decision that put E15, fuel that is 15 percent ethanol, on the market.
The National Marine Manufacturers Association was among the groups petitioning the court to reconsider a dismissal of the appeal in October.
Dissenting Judge Brett Kavanaugh said the EPA waiver “plainly violates” statutory text, according to court documents filed Tuesday.
“The panel’s decision to throw out the suit on standing grounds is mistaken in multiple independent ways, in my respectful view,” Judge Kavanaugh wrote in his dissent. “And the panel’s standing holding is problematic not only because of the erroneous standing law that it creates, but also because it is outcome-determinative in a case with significant economic ramifications for the American food and petroleum industries, as well as for American consumers who will ultimately bear some of the costs.”
“Today’s result is a win-win for American consumers, providing them with both a choice and savings at the pump, and is a critical step in increasing market access,” Tom Buis, CEO of Growth Energy, which represents ethanol producers, said in a statement.