On August 9, 2019, BG&A filed a petition for D.C. Circuit review of the Environmental Protection Agency’s rule entitled Modifications to Fuel Regulations To Provide Flexibility for E15, on behalf of a coalition of public interest groups, agricultural organizations, biofuel producers, and fuel retailers.
Although the challenged rule is intended to promote year-round access to E15, gasoline containing 15% rather than the usual 10% ethanol, the petitioners will argue that the rule unlawfully imposes new restrictions on the concentration of ethanol that can be added to gasoline.
The coalition has also filed a separate petition for reconsideration or rulemaking with EPA requesting that the agency remove some of these regulatory barriers, including limitations on the fuel that can be sold from blender pumps.
The petition is available here.