The American Fuel & Petrochemical Manufacturers (AFPM) recently issued a response to the U.S. Court of Appeals for the District of Columbia, for its decision to deny petitions to rehear a case on the Environmental Protection Agency’s (EPA) decision to allow gasoline containing 15 percent ethanol – called "E15" – to be sold into the general fuel supply for use in some motor vehicles and engines.

"We are disappointed that the DC Circuit will not rehear the case and will let stand a procedural block that prevents the court from reaching the merits of this important issue," said AFPM General Counsel Rich Moskowitz. "We remain concerned that EPA’s partial waiver will result in significant misfueling and will harm consumers. EPA has authorized the sale of an ethanol blend that virtually every automobile manufacturer has warned will damage existing vehicles."

According to AFPM, several studies have shown that E15 causes engine damage to passenger vehicles, boats and outdoor power equipment, including chainsaws and lawnmowers, and has led the association and other industry groups to raise concerns about a fuel not approved for use by the manufacturers of more than 228 million vehicles on the road today.

A recent survey by the American Automobile Association (AAA) reported that 95 percent of consumers surveyed had not heard of E15 gasoline, which AFPM?says lends credence to the potential for misuse and engine harm as well as creating safety, liability and warranty issues.    

"We are analyzing the decision and will determine whether to seek review by the Supreme Court. Judge Kavanaugh issued a strong dissent based on EPA’s acknowledgment that E15 damages cars and specifically referenced a recent AAA warning calling upon EPA to block the sale of E15," Moskowitz concluded.