API expands court challenge to EPA's E15 waiver

WASHINGTON, March 11, 2011 – Warning that the Environmental Protection Agency (EPA) is unnecessarily putting consumers at risk, API today was joined by nine other groups in filing a federal court challenge to the agency’s authorization to allow E15 in 2001-2006 model year vehicles.

“The EPA’s decision improperly authorizes an increase in ethanol content of gasoline from 10 percent to 15 percent,” said API Director of Downstream Operations Bob Greco. “EPA's second E15 waiver was based on just as shaky – if not shakier – legal and technical grounds than the first waiver decision. EPA’s waiver decisions are premature, lack statutory authority and put consumers at risk.”

The EPA decision comes before the completion of thorough testing by the automobile and oil industries to ensure the safety and performance impacts of the new fuel for consumers. Testing results so far have revealed potential safety and performance problems with E15 that could affect consumers and the investments they’ve made in their automobiles.

“This testing has not been completed, and until it is, EPA has no business pushing this potentially risky fuel mixture into American consumers’ gas tanks,” Greco said.

The U.S. oil and natural gas industry is the largest consumer of ethanol and other biofuels and remains committed to the use of renewable fuels in our energy mix.

“API supports a realistic and workable Renewable Fuel Standard and the responsible introduction of increased biofuels in a manner that protects consumers,” Greco said. “However, we cannot rush to allow more ethanol before we know it is safe for consumers."

The coalition – which, in addition to API, includes Grocery Manufacturers Association, American Frozen Food Institute, American Meat Institute, National Chicken Council, National Council of Chain Restaurants of the National Retail Federation, National Meat Association, National Pork Producers Council, National Turkey Federation, and Snack Food Association – was filed with the Court of Appeals for the D.C. Circuit. Today’s filing supplements a filing in November of 2010 on the EPA’s original waiver allowing E15 in 2007 and newer model year vehicles.

API represents more than 450 oil and natural gas companies, leaders of a technology-driven industry that supplies most of America’s energy, supports more than 9.2 million U.S. jobs and 7.5 percent of the U.S. economy, and, since 2000, has invested nearly $2 trillion in U.S. capital projects to advance all forms of energy, including alternatives.