E15 decision appealed to Supreme Court

A Spotless Gas Pump

Photo Credit: Orin Zebest, Flickr

Jonathan Sweet
February 21, 2013
Filed under Features, Top Stories

The U.S. Supreme Court may have a chance to weigh in on the E15 dispute.

The American Petroleum Institute and other groups have petitioned the court, seeking to overturn the U.S. Court of Appeals ruling upholding the use of 15-percent ethanol blends.

That’s no guarantee the court will agree to hear the case, though. The court receives approximately 10,000 petitions for a writ of certiorari each year and grants and hears oral argument in about 75 to 80 cases.

The NMMA – and other marine industry groups – has also fought the Environmental Protection Agency’s 2011 decision to approve E15, citing the damage it can do to small engines. Although NMMA has been involved in earlier litigation on E15, the group is not part of the current appeal and is still reviewing its options.

NMMA has until April 15 to make the request to the Supreme Court, Cindy Squires, NMMA’s chief counsel for public affairs and director of regulatory affairs told Boating Industry last week.

“I would not be surprised if we ended up making a request,” she said.

NMMA also continues to pursue a legislative solution as well, and plans to have a bill ready by the time of the American Boating Congress in May, said Jim Currie, NMMA’s legislative director.

Republican senators Roger Wicker of Mississippi and David Vitters of Louisiana introduced a bill earlier this week that prohibits the EPA from issuing a waiver for any blend of more than 10 percent ethanol.

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