June 24, 2013—The Supreme Court decided today not to consider the American Fuel & Petrochemical Manufacturers’ (AFPM) challenge of the Environmental Protection Agency’s E15 waivers.
The EPA decision previously authorized a 50 percent increase in the amount of ethanol in gasoline for newer-model year motor vehicles.
The AFPM challenged the EPA’s decision in April, arguing that E15 has been shown to cause engine damage in motor vehicles.
The D.C. Circuit Court, which first considered the AFPM's case, ruled that the refining industry lacked standing to challenge EPA’s decision.
The AFPM petitioned the Supreme Court to reconsider the district court’s ruling, and continues to assert that the EPA waivers overstepped its authority under the Clean Air Act.