DC Circ. Won't Rehear Ethanol-Gas Blend Challenge

Law360, New York (January 15, 2013, 4:34 PM EST) -- The D.C. Circuit on Tuesday denied a rehearing bid by a coalition of food, petroleum and engine manufacturing trade groups who sought to overturn the U.S. Environmental Protection Agency's approval of a controversial new 15 percent ethanol-gasoline blend.

In a 6-1 vote, the appeals court declined to revisit its August finding that the trade groups had failed to establish that they have suffered any actual harm from the EPA's decision to issue a waiver allowing the so-called E15 fuel into the market.

Judge Brett Kavanaugh, the...
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