Monday, August 20, 2012

Court dismisses challenge to EPA's introduction of E15

WOW, what a wet and soggy weekend.  I don't know how widespread the rain was in Louisiana, but in LaPlace we had 8 inches in 3 days!  Thought I'd have to take my boat out of my boat shed to use it at one point..........

Well, a US Appeals Court in Washington D.C. dealt a blow to all litigants in lawsuits asking the courts to stop the 15% ethanol to allow auto manufacturers to complete their long term testing.  The court by a 2-1 margin dismissed the lawsuits.  I've read about 15 articles on this from many different papers, but none indicated if the dismissal will be challenged in a higher court or not.  If it is not challenged to a higher court, we may be stuck with E15!  However, the one thing on consumers side, that is if you oppose E15 and the way EPA approved it in "partial waivers", is that auto makers have warned customers in their owners manuals and even on gas caps of some newer cars NOT TO USE GAS WITH GREATER THAN 10% ETHANOL, and, if they do, and their engine is damaged, their WARRANTY WILL BE VOID!  And, this includes 2001 and newer cars and light trucks that the EPA said it is safe to use E15 in!  Retailer stores that sell gas are also opposed to it and many have said they will not sell it even if offered (it is OPTIONAL for retailers to sell it).......their biggest concern is the potential liability involved.  So the "saga" continues...........all I have to say about E15 is SELLER AND BUYER BEWARE!  As far as my study shows, the ONLY vehicles that can use this new fuel safely are the vehicles which bear the "FLEX" decal........these vehicles were designed with different fuel pumps, fuel lines, injectors and other components to attempt to reduce the corrosion from the higher ethanol blends.  And, of course, the added cost to manufacture these autos were subsidied by us the taxpayers through government tax credits to the auto manufacturers!   E15 should NOT be used in anything else.....PERIOD!  It is most CRITICAL that it NOT BE USED in marine engines, motorcycles, jet skis, 4 wheelers, chain saws, home generators, and all gas powered lawn and garden tools, PLUS any vehicle that is not a FLEX vehicle.  It will destroy these engines (proven by tests) and warranties will NOT cover damages!  I have an article on this E15 issue on the "Articles" page of my website.

HAVE A GREAT MONDAY READERS!  

"Pete"
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Court dismisses challenge to EPA's introduction of E15

08/17/2012
By Nick Snow - OGJ Washington Editor

A federal appeals court dismissed a legal challenge to the US Environmental Protection Agency’s introduction of gasoline with a higher ethanol blend into the marketplace. The three-judge US Appeals Court for the District of Columbia ruled 2-1 that the petroleum industry and two other groups did not have legal standing in the matter.
The attempt by refiners and product importers to draw a causal link between the waivers they challenge and costs they would incur introducing the 85% gasoline-15% ethanol blend (E15) “ultimately rings hollow,” the Aug. 17 decision said.

“If anything is ‘forcing’ these entities to incur the costs of introducing a new fuel, it is the obligations set by the [federal Renewable Fuel Standard], competitive pressures, or some combination thereof,” it continued. “EPA’s partial waivers simply provide a new choice of fuel for manufacturers to produce. There is not a cause of these costs providing the petroleum group with standing.”

It also denied standing to engine manufacturers, who warned that introducing E15 could harm their products, and food businesses which produce, market, and distributed products requiring corn.
Officials from the American Petroleum Institute and American Fuel & Petrochemical Manufacturers immediately criticized the ruling.

“AFPM members want to ensure that all fuels sold into commerce are safe for consumers, effective and reliable, but today's decision confounds our ability to do so,” said Charles T. Drevna, the association’s president.
“Vehicle testing has confirmed that E15 damages certain engines,” he continued. “In fact, vehicle manufacturers have begun to include warnings on their gas caps that E15 could void vehicle warranties. This decision will harm every American who owns a car, truck, or small engine equipment.”

API Downstream Director Bob Greco separately said that it was astounding the court found that refiners, who must comply with the federal ethanol mandate contained in the 2007 Energy Independence and Security Act, don’t have legal standing.

“EPA approved E15 before vehicle testing was complete, and we now know that the fuel may cause significant mechanical problems in millions of cars on the road today,” he said.

Contact Nick Snow at nicks@pennwell.com.