Supreme Court Shuts Down Year-Round E15 Hopes

The ethanol industry was hoping for some positive news following the EPA’s mandate reductions for ethanol during 2020 and 2021. Instead, the Supreme Court declined to review an Appellate Court ruling that found the EPA could not authorize year-round sales of E15, further hampering hopes for increased supply for ethanol.

The EPA issued a rule in June 2019 extending the 1-pound-per-square-inch (psi) Reid vapor pressure (RVP) waiver to E15. Prior to the rule, E15 could not be used to fuel non-flex fuel vehicles during the summer months. 

On June 10, 2019, a petition was filed with the D.C. Circuit Court of Appeal to review the EPA’s rule. Oral arguments pertaining to the challenge were heard by the Court in April 2021.  On July 2, 2021, the court issued its opinion that the EPA rule exceeded the agency’s authority. As a result, the court vacated the portion of the rule that…