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Biofuel and ag groups file petition for rehearing E15 decision

Growth Energy, the Renewable Fuels Association, and the National Corn Growers Association have filed a petition for rehearing with the D.C. Circuit regarding the recent decision to reverse year-round sales of E15. The petition asks the full court to rehear the case because of “legal errors in the three-judge panel’s decision” on July 2.

The D.C. Circuit Court of Appeals vacated a 2019 rule by the EPA that removed regulatory barriers to the sale of E15 or Unleaded 88. The case, American Fuel and Petrochemical Manufacturers, et al. vs. EPA, was a challenge by oil refiners to the rulemaking. Growth Energy, RFA, and NCGA joined the litigation as intervenors in support of EPA.

The organizations say if allowed to stand, the decision will have devastating consequences for the market expansion of homegrown biofuels.

“Petitioning for a rehearing is a critical next step in giving biofuel producers and farmers a fair shot in the marketplace and providing American drivers with better access to cleaner fuel choices,” the groups say. “We are hopeful that the full court takes up the petition and reverses the panel’s decision.”

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