The U.S. Circuit Court of Appeals for the District of Columbia on Tuesday found a lawsuit challenging E15 blends brought by the American Petroleum Institute and the Engine Products Group did not have standing.
According to the ethanol group Growth Energy, the suit was found without merit because the groups "cannot show that their members have suffered or are threatened with suffering a relevant injury."
The court held to their previous ruling in GMA v. EPA and likewise denied standing to those who challenged the E15 waiver decision, Growth Energy said.
Growth Energy successfully sought a waiver from the U.S. EPA in 2009 to allow retailers and consumers to choose E15 – a blend of up to 15% ethanol. EPA granted the waiver in 2011 for all 2001 and newer motor vehicles.
"Today is another victory for ethanol and the American motorist," Tom Buis, CEO of Growth Energy, said in a statement. "To continue to achieve the success of the Renewable Fuel Standard, Growth Energy led the fight for E15 which is now being sold by more than 90 retailers in 14 states.
"This decision is important because it continues to uphold the choice and savings for the American motorist with E15," he said.
The American Petroleum Institute has previously said E15 can damage engines, suggesting that there is not enough information to determine the safety of the fuel.