Growth Energy wants the U.S. Supreme Court to step in and decide that the EPA reasonably interpreted a Clean Air Act provision to allow summer sales of fuel containing more than 15% ethanol.
The U.S. Court of Appeals for the D.C. Circuit tossed part of the agency’s ethanol rule in July after finding that Congress intended the ethanol waiver to apply only to fuels containing 10% ethanol. But the text and history of the waiver show that Congress instead wanted it to apply to fuels “having at least” that percentage, Growth Energy ...