Supreme Court Refuses To Hear Trade Groups' Challenge To E15 Fuel Waivers

On June 24, 2013, the U.S. Supreme Court ended a dispute between the ethanol industry and trade groups over U.S. EPA's approval of the use and sale of gasoline blended with 15 percent ethanol. Grocery Mfrs. Ass'n v. EPA, No. 12-1055; Alliance of Auto. Mfrs. v. EPA, No. 12-1167; Am. Fuel & Petrochemical Mfrs. v. EPA, No. 12-1229. Following of a decision by the D.C. Circuit holding that the trade groups lacked standing to challenge EPA's approval of E15, various trade associations representing stakeholders in the engine manufacturing, petroleum, and food industries filed petitions for writ of certiorari with the Supreme Court. The Supreme Court denied those petitions, handing a victory to the ethanol industry. The dispute stemmed from EPA's statutory duty to approve the introduction of most new renewable fuels. The Renewable Fuel Standard ("RFS") of the Clean Air Act requires qualifying refiners and importers of fuel to bring to market an increasing volume of renewable fuels. Unless a new renewable fuel is "substantially similar" to fuels used in the federal emissions certifications for motor vehicles manufactured after model year 1974, a fuel manufacturer must apply to EPA for a waiver before introducing the new renewable fuel. 42 U.S.C. § 7545(f)(4). In March 2009, Growth Energy, an ethanol industry trade group, applied for a waiver to introduce E15. In the first of two waiver decisions, EPA approved the introduction of E15 for use in light-duty motor vehicles for model year 2007 and later. See "Partial Grant and Partial Denial of Clean Air Act Wavier Application Submitted by Growth Energy to Increase the Allowable Ethanol Content of Gasoline to 15 Percent," 75 Fed. Reg. 68,094 (Nov. 4, 2010). It denied the waiver for all model-year 2000 and earlier vehicles. Because it was awaiting further testing results from the Department of Energy, EPA deferred its decision for model-years 2001 through 2006 light-duty motor vehicles. After receiving those results, EPA issued a second partial waiver, permitting the use of E15 in light-duty motor vehicles from model-years 2001 through 2006. "Partial Grant of Clean Air Act Wavier Application Submitted by Growth Energy to Increase the Allowable Ethanol Content of Gasoline to 15 Percent," 76 Fed. Reg. 4662 (Jan. 26, 2011). The three industry groups subsequently petitioned the D.C. Circuit to review EPA's E15 waivers. Growth Energy intervened in support of EPA. In August 2012, in a split decision, the D.C...