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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.”

McConnell, Michael, Olga Liefert, and Angelica Williams, Feed Outlook: December 2021, FDS-21l, U.S. Department of Agriculture, Economic Research Service, December 13, 2021.

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.”

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.

“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.”

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Keith Good

Keith Good is the social media manager for the farmdoc project at the University of Illinois. He has previously worked for the USDA’s National Agricultural Statistics Service, and compiled the daily FarmPolicy.com News Summary from 2003-2015. He is a graduate of Purdue University (M.S.- Agricultural Economics), and Southern Illinois University School of Law.

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