The Washington, D.C. Circuit Court today dismissed the legal challenge to the Environmental Protection Agency’s (EPA) partial waiver of E15 fuel citing lack of standing by the three groups who brought the suit: The Food Group, the Engine-Products Group, and The Petroleum Group.  The National Chicken Council, Grocery Manufacturers Association, and other organizations are in The Food Group.  The judges looked at both the issues of “jurisdiction” and “prudential standing.” “Prudential standing” basically refers to which party or parties may bring a legal challenge and what type of injury to the party or parties would support the claim.

Judge Kavanaugh, one of three judges deciding the case, dissented from the court’s ruling.  He believed that the Petroleum Group and The Food Group had Article III standing and prudential standing.  Moreover, he believed that recent Supreme Court precedent has demonstrated that prudential standing should not be treated as jurisdictional.  Because it was waived by EPA, in Judge Kavanaugh’s view, the prudential standing issue is not before the court.  As to prudential standing, Judge Kavanaugh stated:  “The majority opinion thus creates a deep and important circuit split on this important issue.”  On the merits, Judge Kavanaugh was unequivocal:  “The merits are not close.  In granting the E15 partial waiver, EPA ran roughshod over the relevant statutory limits.”

 

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