DC Circ. Skeptical Of EPA's High-Ethanol Fuel Rule

Law360 (April 13, 2021, 10:42 PM EDT) -- The D.C. Circuit appeared hesitant Tuesday to keep afloat a U.S. Environmental Protection Agency rule allowing year-round use of gasoline made with 15% ethanol, with two judges expressly asserting that the agency cannot make such a change through administrative rulemaking.

U.S. Circuit Judges Robert L. Wilkins and Judith Rogers told a government attorney that the EPA seemed to have flouted the clear language of the Clean Air Act when it finalized the rule in May 2019 to allow blended gasoline with 15% ethanol, known as E15, to be sold throughout the year. During the roughly two-and-a-half-hour remote hearing, both judges endorsed arguments...

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