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ACE: Court Reversal on Year-Round E15 Regulation a Disappointment

Today, the D.C. Circuit Court of Appeals reversed the Environmental Protection Agency’s 2019 regulation, which finally allowed year-round E15 availability. American Coalition for Ethanol (ACE) Senior Vice President Ron Lamberty today spoke out expressing disappointment in the court’s decision:

“ACE is disappointed the D.C. Circuit Court chose not to see the oil industry’s opposition to EPA’s rule for what it is: an effort to maintain big oil's half-century old 90 percent gasoline mandate. That fact was clearly stated in the decision as the Court pointed out API and oil companies filed suit because ‘when agencies lift regulatory restrictions on their competitors or otherwise allow increased competition.’ Making higher octane, lower cost E15 available reduces carbon emissions and lowers costs, and oil companies have no interest in competing with that. Big oil has gone to courts, regulators, and elected officials constantly since ethanol was introduced, to make sure they continue to control all our energy choices, box out all potential competition, and maximize the dollars American drivers have to give oil companies for fuel. It's an incredibly unfortunate irony this decision was handed down right before Americans celebrate freedom by taking to the highways in the busiest driving holiday of the year, with the highest prices drivers have seen in years.

“We continue to believe EPA’s interpretation of the Clean Air Act holding E15 to the same gasoline volatility standards as E10 is consistent with Congressional intent while reflecting the improvements in future motor fuels Congress anticipated. EPA’s ruling in 2019 cut the RVP red tape allowing more retailers to add the blend to their fuel slate and offer their customers a low carbon fuel with higher octane at a lower cost, and we’ll continue to work with our industry partners, as well as administrative and legislative officials, to make sure this ruling doesn’t set back the important growth of lower carbon options at the pump to help the Biden Administration decarbonize the transportation sector.”


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