WASHINGTON, DC – Today, Growth Energy filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit to intervene in support of the U.S. Environmental Protection Agency’s (EPA) final rule allowing year-round access to gasoline blended with up to 15 percent ethanol, or E15. The final rule is being challenged by the American Fuel and Petrochemical Manufacturers (AFPM) who filed the lawsuit on Monday, June 10.

Growth Energy CEO Emily Skor expressed confidence in EPA’s authority to implement this law:

“It’s no surprise that oil companies want to block consumer choice at the fuel pump. We saw the same kind of frivolous challenges when Growth Energy first secured approval of E15 in 2011. We beat them then, and we’ll beat them now.

“The oil industry wants to inject uncertainty into the marketplace and discourage more retailers from offering clean, affordable options like E15. But the law is on our side. We know – and the EPA has said – the agency has clear authority to implement the law through appropriate regulations. A move toward cleaner fuels is exactly what Congress intended under the Clean Air Act.”

 

BACKGROUND

Under the Clean Air Act, judicial challenges to EPA’s E15 rulemaking may be brought as a “petition for review” within 60 days of publication of the final rule in the Federal Register.  Interested parties such as Growth Energy may also file a motion to intervene in the petition for review to protect their interests. Upon approval of the court, intervenors may participate in the litigation.

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