Denial of EPA Ethanol Rule Upheld After Justices Skip Review

Jan. 10, 2022, 2:51 PM

The D.C. Circuit’s ruling that the EPA can’t allow summer sales of fuel blends containing more than 15% ethanol will avoid U.S. Supreme Court scrutiny, the high court decided Monday.

Growth Energy said in its petition that the appeals court improperly interpreted the Clean Air Act’s ethanol waiver. The law normally bans the summer sale of high volatility fuels. However, it has an exception for fuel blends containing 10% ethanol to promote its use.

The appeals court ruled in July that the waiver only applies to fuels containing 10% ethanol. But Congress intended the waiver to apply to fuels having ...

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