Court overturns year-round E15

EPA exceeded its authority when it allowed year-round sales of E15, the D.C. Circuit ruled Friday. In June 2019, EPA issued its final rule extending the Reid Vapor Pressure (RVP) volatility waiver to E15, and found that E15 is substantially similar to E10 certification fuel, allowing its introduction into commerce by fuel manufacturers without the need for a separate E15 waiver. This allowed for the sale of E15 fuels year-round. Oil refiners soon challenged the rulemaking in the D.C. Circuit Court of Appeals in an attempt to undermine the expansion of biofuels in our nation’s fuel supply.

The ruling allows refiners to ask for an immediate injunction to halt sales of E15 as soon as 10 days from July 2. But even if the injunction is granted, E15 could still be sold to motorists as legal steps are needed and the ruling takes effect in 45 days. That means it shouldn’t impact summer 2021 demand much. The case could be appealed and petitioned for an en banc hearing before the entire circuit.

EPA said it was reviewing the court ruling.