Biofuel and farm groups filed a petition for rehearing with the D.C. Circuit Court of Appeals regarding the recent American Fuel & Petrochemical Manufacturers vs. EPA decision. The court decision vacated a 2019 regulation allowing year-round sales of a 15% ethanol fuel blends. The petition asks the full court to rehear the case because of significant legal errors in the three-judge panel’s decision, handed down on July 2, 2021.
Announced Tuesday (Aug. 17, 2021), Growth Energy, the National Corn Growers Association and the Renewable Fuels Association filed the petition. Together, the three national organizations stated, “If allowed to stand, this court’s decision to vacate EPA’s rulemaking to allow E15 to be sold year-round will have devastating consequences for the market expansion of homegrown biofuels.” The D.C. Circuit Court of Appeals reversed a 2019 rule by the Environmental Protection Agency that lifted restrictions on the sale of E15. The case was a challenge by oil refiners to the rulemaking that allowed the year-round sale of E15.
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