The D.C. Circuit Court of Appeals denied a petition for a rehearing in the case of the American Fuel and Petrochemical Manufacturers vs. EPA Decision. In that case, the court vacated a 2019 regulation allowing year-round sales of E15. The Renewable Fuels Association, Growth Energy, and the National Corn Growers Association released a joint statement expressing disappointment.
“Our petition for a rehearing was an opportunity for the D.C. Circuit Court to remedy a decision that runs counter to legal precedent and which, if maintained, threatens our nation’s rural economy and progress on moving toward a clean energy future,” the groups say in the statement. “Today’s petition denial is another hurdle to ensuring year-round access to low-carbon E15, but due to the timing, American drivers and retailers will be able to finish out the E15 summer driving season without disruption to their access to cleaner fuel choices at the pump.”
The groups say moving forward that they’ll continue to push for a permanent remedy long before the start of next year’s summer driving season. In 2019, the EPA issued its final rule extending the Reid Vapor Pressure volatility waiver to E15, allowing the fuel to be sold year-round in conventional gasoline markets. Oil refiners soon after challenged the rulemaking in the D.C. Court of Appeals.