NMMA joins court appeal of E15 ruling

Published online: Sep 22, 2011 News Trade Only Today
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The National Marine Manufacturers Association, and its partners in the Engine Products Group, filed suit this week in the U.S. Court of Appeals for the D.C. Circuit, challenging the Environmental Protection Agency's rule outlining a gas pump warning label as well as other misfueling controls for gasoline containing up to 15 percent ethanol.

This rule, which was released in June, also included a denial of the Engine Products Group's request that the EPA ensure the continued sale and availability of gasoline blends no greater than 10 percent ethanol because retailers that are not prepared to offer both E10 and E15 may opt to offer E15 only.

The NMMA filed a separate suit last December in the U.S. Court of Appeals for the D.C. Circuit, challenging the EPA's partial waiver approving E15 for certain model motor vehicles.

E15 was approved for cars that are model-year 2001 or newer. It has not been approved for marine engines, but the NMMA is concerned that the EPA has not taken steps to reduce the chance of misfueling.

For example, the gasoline warning label the EPA approved is written only in English, no consumer education campaign is being conducted and the EPA is not requiring any physical misfueling controls.

The Engine Products Group also filed a motion of abeyance, which asks the court to put a hold on this most recent misfueling petition until the original legal challenge on the partial waiver is resolved, the NMMA said.

In addition to the NMMA, the Engine Products Group includes the Outdoor Power Equipment Institute, the Association of Global Automakers and the Alliance of Automobile Manufacturers.

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