Wall Street Journal writer Kirk Maltais reported this week that, "Plummeting energy demand during the coronavirus pandemic has decimated the ethanol industry. The timing for U.S. farmers couldn’t be worse."
U.S. Supreme Court Rejects E15 Case
Reuters writer Stephanie Kelly reported this week that, “The U.S. Supreme Court on Monday turned away an industry group’s bid to revive a decision made by the Environmental Protection Agency under former President Donald Trump to allow expanded sales of gasoline that has a higher ethanol blend, called E15.
“The action by the justices dealt a blow to the ethanol industry, which wants to increase sales and access to E15. Growth Energy, a biofuels industry group that had filed a petition asking the justices to review a lower court’s ruling vacating the Trump administration E15 policy, expressed disappointment in the Supreme Court’s decision.”
The Reuters article noted that, “The EPA in 2019 extended a waiver that allowed year-round sales of E15, effectively lifting summertime restrictions. Ruling in a lawsuit brought by an oil refining trade group challenging the policy, the U.S. Court of Appeals for the District of Columbia Circuit last year decided that the agency had exceeded its authority.”
The move leaves in place last year's ruling by the Court of Appeals for the D.C. Circuit that the EPA exceeded its Clean Air Act authority by trying to exempt E-15 from fuel volatility limits that effectively rule out summertime sales in smoggy areas.— Jennifer A. Dlouhy (@jendlouhyhc) January 10, 2022
And DTN writer Todd Neeley reported on Monday that, “If year-round E15 sales are to be restarted it will depend on new action by EPA.
Last year, I reintroduced the Consumer and Fuel Retailer Choice Act with @SenAmyKlobuchar to address the concerns at the heart of the case. Our bipartisan bill would ensure E15, a low-carbon solution, could be sold all year.— Senator Deb Fischer (@SenatorFischer) January 10, 2022
“Growth Energy CEO Emily Skor said in a statement to DTN her group would continue to push for expanded E15 sales.
“‘We are certainly disappointed that the court did not grant our petition to review the D.C. Circuit’s opinion, which vacated EPA’s well-reasoned decision to extend the seasonal RVP waiver to E15, fuel that has a lower RVP than E10,’ she said.”