Supreme Court Rejects E15 Case; Leaves Door Open on Prop 12, Clean Water Act Cases

LINCOLN, Neb. (DTN) — The EPA would have to act in order for year-round E15 sales to restart after the Supreme Court denied Growth Energy’s request for a hearing in orders handed down Monday.

Though the court’s denial was a significant loss for the ethanol industry, two other agriculture-related petitions are still alive before the court.

A National Pork Producers Council’s petition on California’s Proposition 12, which took effect on Jan. 1, has been moved to the Supreme Court’s Jan. 14 conference, according to an NPPC spokesperson. The same is true for a Clean Water Act petition filed by Michael and Chantell Sackett.


If year-round E15 sales are to be restarted it will depend on new action by EPA.

Growth Energy CEO Emily Skor said in a statement to DTN her group would continue to push for expanded E15 sales.

“We are certainly disappointed that the court did not grant our petition to review the D.C. Circuit’s opinion, which vacated EPA’s well-reasoned decision to extend the seasonal RVP waiver to E15, fuel that has a lower RVP than E10,” she said.

“The Clean Air Act provides ample authority for EPA to pave the way for the expansion of E15 nationwide and year-round and increase access to cleaner fuel for all Americans. Growth Energy will continue to explore all potential avenues to make unfettered access to E15 a reality.”

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