Washington Automakers face an uphill battle to block the use of a higher blend of ethanol fuel after the U.S. Supreme Court on Monday declined to reverse the Environmental Protection Agencys decision to approve a higher blend of ethanol for vehicles from model year 2001 and newer. It means that in the next few years, more drivers may have little choice but to fuel up with E15 gasoline, which contains 15 percent ethanol versus the 10 percent found at most pumps.
Automakers only hope of blocking E15 lies with Congress an uphill battle, given support for ethanol from the Obama administration and corn-growing states. Ethanol can degrade rubber, plastic, metal and other materials in vehicles not designed to handle it, automakers say.
In March, several industry groups the Alliance of Automobile Manufacturers, Association of Global Automakers, Outdoor Equipment Institute, National Marine Manufacturers Association and the American Fuel and Petrochemicals Manufacturers filed petitions asking the nations highest court to overturn the District of Columbias Circuit Court of Appeals August decision that none of the trade associations had legal standing to challenge approval of E15.
The court without comment declined to hear the appeal.
It is not in the long-term interest of the government, automakers, fuel providers or the ethanol industry itself to find out down the road that vehicle problems are occurring from rushing E15 into the national marketplace, said Alliance of Automobile Manufacturers spokesman Wade Newton. EPA approved E15 for cars retroactively, even though those vehicles were never designed to run on this more corrosive fuel.
The EPA has approved the use of E15 for newer cars, but didnt approve its use for off-road engines vehicles and equipment, motorcycles or heavy-duty gasoline engines.
Many automakers including Chrysler Group LLC havent approved E15 for new vehicles. Some major automakers have said they will void warranties for using E15 in vehicles built before 2012.
Of the nations 180,000 fuel stations, only two dozen or so are selling E15. Its not certain that stations will abandon E10 for E15, but they may have financial incentives to do so. E15 will likely be slightly cheaper than E10 though it will deliver worse mileage and may draw more users once it is in wider use. The EPA in February approved a new blender pump configuration to allow gas stations to sell E10 and E15 from a blender pump with a common hose and nozzle.
An ethanol trade group, the Renewable Fuels Association, praised the ruling. The uncertainty created by this lawsuit has chilled commercial activity that would provide American consumers more affordable choices at the pump, said the groups president and CEO Bob Dinneen.
Harry Ng, the American Petroleum Institutes vice president and general counsel, said, Todays court decision is a big loss for consumers, for safety and for our environment. EPA approved E15 before vehicle testing was complete, and we now know the fuel may cause significant mechanical problems in millions of cars on the road today.
Opponents of the 2007 law that steadily increases the amount of ethanol Americans must use have been pushing Congress to repeal the Renewable Fuels standard. On Wednesday, a House Energy and Commerce panel will hold a hearing on the standard. Without boosting the ethanol percentage in most gas, its unlikely that targets laid out by Congress can be met.
Under the 2007 law, the nation is increasing ethanol use in vehicles to 15.2 billion gallons this year, up from 5 billion gallons in 2007. By 2022, the U.S. must use 36 billion gallons of biofuels, with 21 billion gallons of that from advanced cellulosic ethanol made from sources other than corn.
The American Petroleum Institute, which is the oil industrys lobbying arm, says the rising mandates by 2015 could boost the price of diesel fuel 300 percent and hike gas prices 30 percent. It says the current jump in prices for ethanol credits could add 10 cents to the price of a gallon of E10 (which is 10 percent ethanol) at the pump. Corn growers reject the analysis.
Last week, hundreds of motorcyclists from across the country rallied in Washington along with about a dozen antique auto owners, who raised concerns about the damage E15 can cause. The American Motorcyclist Association notes that no manufacturer has approved the use of the fuel for the nations 22 million motorcycles or for ATVs.
A bill being circulated in Congress would require the EPA to ask the National Academy of Sciences to assess the state of science on E15, including research needs, recent testing and consumer education.
From The Detroit News:
Court declines to hear challenge to EPA's stance on E15 gasoline | The Detroit News
