NMMA sues EPA re. E-15 introduction

[McGillicuddy]

Thursday, January 06, 2011 - By: Ambrosia Brody, AP

WASHINGTON, D.C. () — Boat builders, marine engine builders, automakers and small engine manufacturers sued the Environmental Protection Agency Dec. 20 over a plan to allow the sale of gasoline containing 15 percent ethanol.

“The National Marine Manufacturers Association regrets having to pursue litigation on this matter, but it is clear that the EPA has not fulfilled its statutory obligations to ensure the safe introduction of E-15,” said Thom Dammrich, NMMA president. “Consequently, we and our industry partners have determined that it is necessary to seek relief in the courts, in order to protect our manufacturers and our consumers.

“Throughout this process, NMMA has strongly and consistently urged full scientific testing on marine engines and equipment, as required by law, and the rational evaluation of policy mechanisms to protect consumers from misfueling and product failures associated with incompatible fuels, and regulatory actions to ensure that compatible fuels remain available and affordable,” Dammrich said. “EPA has failed in each regard and approved E-15 in contravention of its clear statutory requirements.”

The EPA ruled Oct. 13 that gas stations could start selling the new corn-based ethanol blend for vehicles built since the 2007 model year. It’s an increase from the current blend of 10 percent ethanol.

Boat builders and automakers said they are worried the EPA decision would eventually lead to boaters and motorists in pre-2007 cars unknowingly filling up with E-15 and damaging or destroying their engines. The problem could be exacerbated if E-15 fuels are sold for lower prices than conventional blends.

In the lawsuit filed by automakers, boat manufacturers and outdoor power equipment manufacturers, the trade groups said the EPA’s decision could cause engines to fail, and they questioned whether the EPA’s approval of E-15 fuels for only certain vehicles violates the federal Clean Air Act.

“Our organizations collectively represent some 400 million engine products used by tens of millions of people every day in the United States,” said Kris Kiser of the Outdoor Power Equipment Institute, speaking on behalf of all of the groups — now organized under the new Engine Products Group. “The safe and reliable use of those products is paramount to us and our customers, and the legal action we take today is to protect those customers.”

The Renewable Fuels Association, an ethanol industry group, said the EPA could have avoided market confusion if it had approved ethanol for more vehicles. The agency has said it will consider the higher ethanol concentration for vehicles made between 2001 and 2006 later this year. It is unclear whether the EPA will ever approve the blend for cars made before 2001.

The EPA has said a congressional mandate for increased ethanol use can’t be achieved without allowing higher blends. Congress has required refiners to blend 36 billion gallons of biofuels, mostly ethanol, into auto fuel by 2022.

The petition was filed in the U.S. Court of Appeals for the District of Columbia Circuit.

[Bushwacker]

Good post Gillie! I was wondering how long it would take for this lawsuit to develop! As much as I hate dealing with lawyers, this is one case where it looks like the courts are the only way to counter the powerful Ethanol Lobby and our Congress which they bought and paid for!

[Blue_Heron]

For an insight into how the ethanol/agribusiness lobby works, take a look at this:

Archer Daniels Midland: A Case Study In Corporate Welfare

It was produced by the Cato Institute, a free market/libertarian think tank. Ethanol ain't the only product that has gotten increased market share for all the wrong reasons. Ever wonder why high fructose corn syrup has replaced cane sugar as the sweetener of choice for soft drinks and processed foods? The Cato study was written in 1995, and some of the consequences it predicts, like inflated grain prices as more corn goes to ethanol production, have already occurred. Interesting reading if you have a few minutes.
Dave

[KenB]

Tohatsu should be good with 15 right?