In late 2010, the EPA was sued by a collection of grocery, auto and petroleum industry association groups over the issue of increasing the nationally available ethanol blend from E10 – a mix of 90 percent gasoline and 10 percent ethanol – to E15. Today, that lawsuit was thrown out by a U.S. Appeals Court on the grounds that the trade groups did not have the right to sue, Bloomberg reports.

The trade organizations claimed that the shift to E15 would drive up "the price of food and gasoline and harm engines," Bloomberg writes, but the judge did not see that any harm was done. In his decision, Circuit Judge David Sentelle wrote:

Petitioners have to demonstrate that EPA's actions-in particular, approving E15 via partial waivers-have caused any one of their members an injury in fact for which we can provide redress in this action. Each industry group advances a theory of standing, but none is in fact adequate to meet the burden of establishing standing under Article III.

You can read the entire decision here. A director for the American Petroleum Institute emailed Bloomberg to say, "Today's court decision is a big loss for consumers, for safety and for our environment." E15 was officially approved for sale in the U.S. last month, and comes with a new set of rules.


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    • 1 Second Ago
  • 11 Comments
      diffrunt
      • 1 Day Ago
      When a crime has been committed , the first question asked , is ---who profits? I use real gas, 10 % higher cost, 20% higher mileage
      Rick
      • 1 Day Ago
      Completely ruin engines, fuel pipes, fuel tanks send perfectly serviceable cars to an early grave, what a nightmare fuel E15 is, nothing other a total disaster for the environment, watch your food prices, shopping bills sky rocket upwards. E15 a total disaster.
        2 Wheeled Menace
        • 1 Day Ago
        @Rick
        OK, now here's the point where you prove what you just said. Show me the tests and results, since you appear so confident in your position.
        PR
        • 1 Day Ago
        @Rick
        Rick, IF you read the ruling, you would see that the courts rejected your exact same arguments, and not a single one of the industry representatives were able to meet their burden in making that same argument.
        carney373
        • 1 Day Ago
        @Rick
        OMG OMG let's run around in circles and bump into each other! E15 is coming! Oh wait, after exhaustive testing EPA proved (you know, with experiments, results, chemistry, physics, facts, and all) that E15 is TOTALLY HARMLESS in any car made since 2000. And ethanol is much better for the environment than gasoline. It's a renewable biofuel that recycles CO2 that's already part of the existing carbon cycle rather than adding new carbon to the system that would have remained safely sequestered undeground forever until we drilled it up and burned it into the air. Ethanol burns with NO smog-causing smoke and NO acid-rain causing sulfur, and causes MUCH less ground-level ozone. No wonder the American Lung Association supports it. Ethanol dissolves on its own and breaks down into harmless components when spilled in water; no need for massive cleanup efforts or chemical dispersants. Ethanol leaves no gunk in engines, thus needs none of the detergents gasoline companies brag about that contain benzene, xylene, and toluene (carcinogens and mutagens). Ethanol is no threat to the food supplly or food prices AT ALL. Even while corn ethanol production rose three fold in a matter of years, food corn production rose 45% and production of other staple crops such as soy rose as well. Per acre production yields rise relentlessly, up more than 17% since 2003 alone. Only half our arable land is farmland, less than half of that is even culltivated, and only a fraction of that is used for ethanol corn. Even ethanol corn helps feed us because a byproduct called distillers grain is used as a high-protein animal feed for meat livestock, feed which is actually better for them than corn itself because the animals cannot digest the starch that is removed to make fuel. Next time try not to be such an easily panicked, easily led tool of the multi million dollar FUD campaign being waged by the planet-fouling, economy-crashing, terror-funding oil cartel.
      Brinto
      • 1 Day Ago
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      2 Wheeled Menace
      • 1 Day Ago
      Ha, in other words... bend over, as usual!
      paulwesterberg
      • 1 Day Ago
      Field corn is not really food for people mostly it is used to feed livestock. So when "Food" producers complain about ethanol causing the price of "Food" to go up what they are really talking about is cost of industrial factory farmed meat.
        Rob J
        • 1 Day Ago
        @paulwesterberg
        Don't forget high fructose corn syrup! What would America be without cheap coca-cola and big macs?
        Actionable Mango
        • 1 Day Ago
        @paulwesterberg
        The cost of corn feed for my backyard chickens has increased 50% in one year. They are not "industrial factory farmed".
          PR
          • 1 Day Ago
          @Actionable Mango
          You can raise backyard chickens without feeding them a single bit of corn, so I'm confused by your post. Most of the corn that goes to feeding chickens is mostly for factory farmed chickens in the last weeks of their lives to fatten them up for slaughter. This is just like large scale commercial cattle compared to grass-fed cattle, where cattle are fed very little corn until they approach slaughter. And just like cattle, a corn-heavy diet is very unhealthy for chickens over the long-term. Chickens will eat just about anything, including your household table scraps, bugs, just about any grain, silage, fresh beans, etc. Even commercial chicken feed isn't huge on corn. And prices on that has only gone up around ~5% since last year. Why would you be wasting money on corn if you aren't doing industrial factory-style fattening? I don't get it?