Grocery Manufacturers Association v. EPA

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An industry association and several other representatives of the meat and pork industry filed an action challenging EPA’s decision to grant a waiver allowing more ethanol in fuel for 2007 and newer vehicles, alleging that the agency exceeded its authority under the Clean Air Act. The decision raised from 10 percent to 15 percent the maximum ethanol level in gasoline used in these vehicles. 

Industry groups and various related organizations filed petitions for review of EPA’s Clean Air Act waiver authorizing the use of gasoline containing 15 percent ethanol for use in model year 2001-06 cars and light trucks.  The petitions supplement filings that challenged EPA’s original waiver to allow so-called E15 in gasoline for model year 2007 and newer cars and light trucks.

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Four industry groups sued EPA after it granted a waiver under the Clean Air Act allowing gasoline containing 15% ethanol (referred to as “E15”) to be used in model year 2001-06 cars and light trucks.  EPA approved E15 for use in model year 2001-06 cars and light trucks on January 26, 2011.  The previous limit on ethanol in gasoline had been 10%.  That limit still applies to vehicles older than model year 2001 due to concerns that the corrosive nature of ethanol would damage engines and emissions controls. However, testing by the Department of Energy has found that newer vehicles can use the fuel blend safely.

An organization representing the petrochemical industry joined the parties challenging EPA’s decision to grant a waiver allowing more ethanol in fuel for 2007 and newer vehicles.

A coalition of automobile manufacturers and engine makers sued EPA over a rule that would allow the use of gasoline with up to 15% ethanol in vehicles from model years 2007 and newer, alleging that it violates the Clean Air Act. Ethanol content in gasoline is currently limited to 10%.  On October 13, 2010, EPA announced that it would grant a partial waiver allowing vehicles from model years 2007 and newer to use gasoline with up to 15% ethanol. The petitioners allege that the CAA does not allow such a partial waiver.