Bloomberg Law
July 2, 2021, 3:44 PMUpdated: July 2, 2021, 7:21 PM

Oil Refiners Handed Partial Win in Challenge to Ethanol Rule (2)

Maya Earls
Maya Earls
Legal Reporter

The EPA exceeded its authority when allowed year-round sales of fuel containing more than 15% ethanol, the D.C. Circuit ruled Friday in a partial win for an oil refining group.

The Environmental Protection Agency argued its regulations under the Clean Air Act were ambiguous, so it could exempt fuels that contain more than 10% ethanol from its ban on sales during the summer. Adding ethanol to gasoline increases the fuel’s “Reid vapor pressure,” which means a higher fuel volatility that creates more ozone when burned.

The regulations could be best read to concern gasoline that has a specific quantity of ...

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