AFPM challenges E15 rule, RFA intervenes in support of EPA

By Erin Voegele | June 11, 2019

American Fuel and Petrochemical Manufacturers filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit June 10 challenging the U.S. EPA’s May 31 rule to allow year-round E15 sales.

The AFPM must provide the court with an outline of its case by July 10. On April 30, the group issued a statement opposing the agency’s rule allowing year-round E15 sales, arguing statutory language in the Clean Air Act “leaves no question that the EPA lacks authority to extend the E10 volatility waiver to E15.”

The Renewable Fuels Association announced June 10 it will file a motion to intervene in support of the EPA in response to the AFPM’s petition for review.

“It was entirely predictable that Big Oil would challenge President Trump’s effort to provide increased competition, consumer choice at the pump, and lower gasoline prices for a higher-octane fuel,” said Geoff Cooper, president and CEO of the RFA. “But EPA’s legal analysis is sound and is overwhelmingly supported by the public record and a plain reading of the statute. President Trump was correct in calling the regulatory barrier to E15 'unnecessary' and 'ridiculous,' and we greatly appreciate his effort to empower consumers and the American farmer. AFPM’s desperate effort to have the court overturn President Trump’s E15 rule will fail and reflects a callous desire to protect market share at the expense of rural America. The RFA stands with President Trump and consumers across the country who deserve a price break at the pump.”