The U.S. Court of Appeals for the District of Columbia Circuit recently struck down the regulatory waiver that allowed gasoline blends with 15 percent ethanol to be sold during the summer driving season. The court’s decision was 3-0.
The Environmental Protection Agency (EPA) in 2019 issued a final rule extending the Reid Vapor Pressure volatility waiver to E15, allowing the blend to be sold year-round, including in the summer driving season. EPA in its rule said that E15 is substantially similar to the current E10, which is the default gasoline blend in the U.S.
In response to the E15 rule, the American Fuel & Petrochemical Manufacturers sued the EPA.
The D.C. Circuit Court said that Congress did not intend for the law the EPA used to apply to blends higher than E10, thus the waiver has no grounds in statute.
