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American Fuel & Petroleum Manufacturers v. Environmental Protection Agency

ELR Citation: 51 ELR 20130
Nos. 19-1124, (D.C. Cir., 07/02/2021)

The D.C. Circuit vacated in part EPA's 2019 rule lifting seasonal restrictions on the sale of higher-ethanol fuel. Petroleum industry groups challenged a specific section of the rule, in which EPA announced a new interpretation of when limits on fuel volatility under §7545(h)(4) of the CAA could be waived. The court found that §7545(h)(4)'s waiver clearly did not apply to blends with more than 10% ethanol, and that the Agency's reinterpretation contradicted the statutory text, context, and history. Because EPA exceeded its authority under §7545, the court vacated the section of the rule pertaining to §7545(h)(4)'s waiver.