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Energy Future Coalition v. Environmental Protection Agency

ELR Citation: 45 ELR 20135
Nos. 14-1123, (D.C. Cir., 07/14/2015)

The D.C. Circuit upheld an EPA regulation that requires automobile manufacturers to use "commercially available" fuel when testing the emissions of new vehicles under the CAA. Several producers of E30, a fuel that contains 30% ethanol, argued that a fuel shouldn't have to be commercially available in order to be approved as a test fuel. But the court disagreed. It is entirely "commonsensical and reasonable" for EPA to require vehicle manufacturers to use the same fuels in emissions testing that vehicles will use out on the road. Moreover, the CAA requires EPA's test fuel regulation to "reflect the actual current driving conditions under which motor vehicles are used, including conditions relating to fuel." As such, it is not arbitrary and capricious for EPA to fulfill that statutory mandate by requiring that test fuels be "commercially available."