The American Fuel & Petrochemical Manufacturers (AFPM) filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit for a review of the Environmental Protection Agency's rule providing a 1 lb. Reid vapor pressure (RVP) waiver to gasoline containing 15% ethanol (E15).

“We fully expect the court’s ruling to align with what the EPA and Congress have each previously concluded: The plain language of the Clean Air Act does not authorize an RVP waiver expansion beyond E10. Nothing has changed: A waiver for E15 is unlawful, plain and simple,” AFPM president and chief executive officer Chet Thompson said.

Under the Clean Air Act, judicial challenges to EPA’s E15 rule-making may be brought as a “petition for review” within 60 days of the final rule's publication in the Federal Register.

Interested parties may also file a motion to intervene in the petition for review to protect their interests. Upon approval of the court, intervenors may participate in the litigation.

Growth Energy filed a motion in the court to intervene.

Growth Energy CEO Emily Skor expressed confidence in EPA’s authority to implement this law, saying, “It’s no surprise that oil companies want to block consumer choice at the fuel pump. We saw the same kind of frivolous challenges when Growth Energy first secured approval of E15 in 2011. We beat them then, and we’ll beat them now.”

Related:EPA finalizes actions on year-round E15

Skor added, “The oil industry wants to inject uncertainty into the marketplace and discourage more retailers from offering clean, affordable options like E15, but the law is on our side. We know – and the EPA has said – the agency has clear authority to implement the law through appropriate regulations. A move toward cleaner fuels is exactly what Congress intended under the Clean Air Act.”