The Engine Products Group (EPG) is challenging the Environmental Protection Agency’s (EPA) decision to grant partial waivers approving the sale of gasoline containing E15 (fifteen percent ethanol, eighty-five percent gasoline) for 2001 model year and new passenger cars and light trucks. The Court of Appeals dismissed the case in August 2012 for lack of jurisdiction.

Today, EPG has filed a petition for certiorari today asking the U.S. Supreme Court to review the DC Circuit Court of Appeals’ August 2012 decision that none of the trade associations or parties had standing in the case. Members of the organization include the Alliance of Automobile Manufacturers (Alliance), The Association of Global Automakers, the Outdoor Power Equipment Institute (OPEI) and the National Marine Manufacturers Association.

“OPEI, as part of the Engine Products Group, has filed an appeal to the U.S. Supreme Court to review the DC Circuit Court of Appeals’ claim that we did not have standing to challenge the EPA on a partial waiver for E-15,” said Kris Kiser, President and CEO of Outdoor Power Equipment Institute. “This appeal to the U.S. Supreme Court reflects the seriousness of this issue for the outdoor power equipment and small engine industry.  We feel strongly that this challenge to the E-15 partial waiver needs to be considered on its merits, and not held back on a procedural issue.  We will push on to protect our consumers from the engine failure and product harm that comes from mis-fueling with E-15.”

The petition asks the Supreme Court to accept the case for review. If the Supreme Court accepts the case, the parties will then ask that court to reverse the Court of Appeal’s ruling and find the parties have the right to challenge EPA’s partial waiver decisions that allow sale of E15 for some passenger cars and light trucks but not older vehicles and not for use in motorcycles, boats and off road engines.

According to EPG, their concern is their customers. They say it is critical that consumers have a positive experience with renewable fuels, which are an important component of our national energy security. EPG concludes, that it is not in the longer term interest of consumers, the government, and all parties involved to discover, after the fact, that equipment or performance problems are occurring because a new fuel was rushed into the national marketplace.