American Fuel & Petrochemical Manufacturers Association Sue EPA Over E15 Rulemaking

The American Fuel & Petrochemical Manufacturers Association (AFPM) filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit last week asking the court to review the EPA's final rule lifting the ban on summertime sale of E15 gasoline blends.  AFPM and other groups are challenging the rulemaking under the belief that the Environmental Protection Agency (EPA) operated beyond the scope of their legal authority when they announced the extension of the 1 psi waiver for E15 in late May prior to the start of the summer ozone season.  AFPMA and other interest groups contend that because Congress established the original waiver in legislation, Congress has the sole authority to extend the waiver for E15, not the EPA.

Fortunately for FUELIowa members, the AFPM petition filed last week did not request an injunction to stop summertime E15 sales while the court takes the matter under review.  Had an injunction been requested and granted, summer sales of E15 would have once again been operating in a legal grey area as they had in the past.  For the time being, FUELIowa members are free to continue offering E15 without the threat of any legal or regulatory action.