EPA Questions Standing of Food Interests to Bring Lawsuit over Ethanol Blend Waiver

The Environmental Protection Agency (EPA) issued two decisions allowing the sale of ethanol blends above 10 percent, referred to as E15, for use in model year 2001 and newer vehicles. Both decisions have been challenged in court, and the agency has filed a response to a motion filed by food industry interests asking the court to accelerate the briefing schedule. GMA v. EPA, No. 10-1380 (D.D.C., opposition filed February 17, 2011). EPA asked the court considering the actions to instead adopt a consolidated briefing schedule that allows both decisions to be addressed, in the interest of preserving judicial resources.

In a footnote, EPA suggests that the food industry parties may lack standing
to challenge the agency’s E15 waiver. Apparently, EPA regulations give “only
fuel and fuel additive manufacturers” the ability to register E15, and they
are already represented in a challenge to EPA’s action. EPA also notes, “given
that several steps would need to occur before E15 is actually introduced into
commerce, it is unclear whether the Moving Petitioners have standing to
challenge the E15 waiver.”