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Grocery Manufacturers Ass'n v. Environmental Protection Agency

ELR Citation: 43 ELR 20015
Nos. 10-1380, (D.C. Cir., 01/15/2013)

The D.C. Circuit denied a petition to rehear trade associations' lawsuits challenging two EPA decisions approving the introduction of E15—a blend of gasoline and 15 percent ethanol—for use in select motor vehicles and engines. Trade associations for engine, petroleum, and food industries argued that the E15 waiver will palpably and negatively affect the American food and petroleum industries, with corresponding impacts on American consumers. They also argued that the E15 waiver is unlawful because it exceeds EPA's statutory authority. But a majority of the court dismissed the petition without comment. In its prior ruling, the court held that the associations lack standing. One dissenting judge, however, would hold that the associations have standing and would grant the petition.