ELR Citation: 42 ELR 20180
No(s). 10-1380 (D.C. Cir. Aug 17, 2012)

The D.C. Circuit held that trade associations for the engine, petroleum, and food industries lack standing to challenge two EPA decisions approving the introduction of E15—a blend of gasoline and 15 percent ethanol—for use in select motor vehicles and engines. EPA granted "partial" waivers approving the introduction of E15 for use in model-year 2001 and newer light-duty motor vehicles and engines. The associations argued, among other things, that EPA lacked authority under CAA §211 to grant such partial waivers. The engine-products association claimed that consumers may use E15 fuels in engines that were not intended for such fuels, thereby harming their engines and making engine manufacturers susceptible to liability. The food industry argued that EPA's partial approval of E15 will increase the demand for corn, which, in turn, will increase the prices their members have to pay for corn. And the petroleum interests claimed that the introduction of E15 into commerce effectively forces refiners and importers to actually introduce E15 into commerce and cause them to incur substantial costs. But the associations failed to demonstrate that EPA's approval of E15 via partial waivers has caused any of their members an injury in fact that is redressible by the court. EPA's waiver decisions do not directly impose regulatory restrictions, costs, or other burdens on any of these types of entities.