The U.S. Supreme Court will not take up an appeal of the D.C. Circuit Court decision that struck down EPA’s rule to allow year-round sales of E15 (15% ethanol) in July 2021.

The petition was filed by Growth Energy in October, arguing that the decision “did not give proper deference to EPA, contradicted Congressional intent in promoting renewable fuels, and would suppress the expansion of higher-blend renewable fuels in the future.”

Iowa Renewable Fuels Association (IRFA) Executive Director Monte Shaw says it is now up to individual states to maintain year round sales of E15.

“Coupled with inaction by Congress to pursue a legislative fix, today’s decision by the Supreme Court to not review the E15 decision, while disappointing, underlines the need for states like Iowa to act to ensure E15 can be sold all year,” said Shaw. “It is now clear that no timely federal solution is coming. Therefore, it is time for a Midwest solution for year-round E15. We appreciated that eight Midwest governors, led by Iowa Governor Kim Reynolds, have already reached out to EPA to inquire about taking action at the state level.”

The industry will continue to pursue all available options to have a solution in place before this summer driving season.