A coaltion of automakers and small engine manufacturers filed a petition this week asking the U.S. Supreme Court to review an earlier court of appeals decision related to the group's challenge of the EPA's decision to grant partial waivers approving the sale of E15. The Outdoor Power Equipment Institute voices its concern about the potential for misfueling and engine failure.
The Engine Products Group filed a petition this week asking the U.S. Supreme Court to review the DC Circuit Court of Appeals’ August 2012 decision that none of the trade associations or parties had standing in the case. The group had challenged the EPA’s decision to grant partial waivers approving the sale of gasoline containing 15 percent ethanol (E15) for 2001 model year and newer passenger cars and light trucks.
If the Supreme Court accepts the case, the Engine Products Group, made up of the Alliance of Automobile Manufacturers, the Association of Global Automakers, the Outdoor Power Equipment Institute (OPEI) and the National Marine Manufacturers Association, will then ask the court to reverse the court of appeal’s ruling and find the parties have the right to challenge EPA’s partial waiver decisions that allow sale of E15 for newer passenger cars and light trucks and not for use in motorcycles, boats and off-road engines.
“This appeal reflects the seriousness of this issue for the outdoor power equipment and small engine industry,” says Kris Kiser, president and CEO, OPEI. “We feel strongly that this challenge to the E-15 partial waiver needs to be considered on its merits, and not held back on a procedural issue. We will push on to protect our consumers from the engine failure and product harm that comes from misfueling with E15.”
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