Oil companies and food manufacturers are taking their lawsuit seeking to ban 15% ethanol (E15) fuel to the U.S. Supreme Court.

Lower courts have already rejected the attempt by the American Petroleum Institute (API) and the Grocery Manufacturers Association (GMA) to reverse the Environmental Protection Agency (EPA) decision allowing E15 in the marketplace as a consumer choice for vehicles newer than 2001.

“We now know why gas prices keep going up and up – to fund unnecessary Big Oil lawsuits to protect their monopoly on the fuel market,” said Renewable Fuels Association president and CEO Bob Dinneen. “I wonder if food prices will spike as well to cover the cost of this Supreme Court challenge?”

“There is nothing unexpected in this announcement; in fact it is not even news. We know that the oil companies are going to do everything within their power to restrict access of a price competitive product,” said Growth Energy CEO Tom Buis.

“Big Oily Foods’ cozy and self-serving relationship to do whatever it takes to stop consumers from access to safe and affordable E15 fuel is dripping with highly-saturated desperation,” added Brian Jennings, executive director of the American Coalition for Ethanol (ACE). ““With gasoline prices on the rise for 35 days in a row, American-made E15 will help drivers save money at the pump.”

Iowa Renewable Fuels Association (IRFA) Executive Director Monte Shaw notes that if the lawsuit were successful, federal law would mandate that Americans buy only fuel containing a minimum of 90 percent petroleum. “Big Oil has made clear that nothing will stand in the way of its quest to protect the federal petroleum mandate and use government regulations to shield itself from market competition,” said Shaw.

The additional legal challenge comes on top of legislation introduced last week that would block continued commercial sales of E15.