The Supreme Court rejected appeal by Growth Energy to reinstate an EPA rule that would have permitted year-round sales of fuel containing as much as 15% ethanol. The group asked the court to allow Trump-era rule that would have expanded waivers from summertime volatility limits so that E15 gasoline blends can be sold all year. The rebuff is a victory for oil industry trade groups that sued to challenge 2019 rule and won federal appeals court decision saying EPA had exceeded its authority under Clean Air Act.
The Biden administration urged rejection of appeal even while saying appeals court should have deferred to EPA’s approach.
“Growth Energy will continue to explore all potential avenues to make unfettered access to E15 a reality,” Emily Skor, the group’s chief executive, said in a statement.
Meanwhile, several Midwest states that include Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota and Wisconsin are inquiring with EPA to allow year-round sales of E15 at the state level.
