The Washington, D.C. Circuit Court of Appeals has struck down the EPA rule granting year-round use of E-15.

Iowa Renewable Fuels Association Executive Director Monte Shaw says this ruling — if it stands up — is devastating for the ethanol industry.  “If this is left unchecked, this will be really bad. Not only would we lose sales currently — but I mean E-15 is the growth fuel for us in the near term as we look to transfer to higher blends. Today’s news in the D-C Circuit Court was particularly painful,” Shaw says.

He says it’s ironic the E-15 court decision came one week after the ethanol industry lost at the U-S Supreme Court over the small refinery waiver issue. “The legal reason on these two decisions diametrically opposed to each other — and we come out on the losing side of both,” he says.

Shaw says they are considering their next step. He says they will look at everything from legal options to regulatory options and there is also the option of Congress taking action to clarify the rule and fix the situation. Shaw says there is no scientific or environmentally sound reason to erect arbitrary barriers to the sale of E-15 in the summer months.

(By Jerry Oster, WNAX, Yankton)