NMMA Ethanol Lawsuit Against U.S. EPA Dismissed

Press Release
Wednesday, August 22, 2012

The National Marine Manufacturers Association (NMMA) express disappointment at Court's E15 fuel decision.

The National Marine Manufacturers Association (NMMA) said it was “disappointed” by a US court of appeals decision to dismiss its lawsuit against the US Environmental Protection Agency (EPA). The trade group and other manufacturing associations had earlier sued EPA over its decision to allow E15 into the country’s fuel supply.

Recently the US Court of Appeals for the DC Circuit dismissed the case on procedural grounds. The marine trade association said it is “confident” that the court would have found that the EPA “overstepped its authority” in approving E15 if it had judged on the merits of the case. An NMMA statement said it is “evaluating” further litigation options.

“NMMA will continue to evaluate and address policy to protect boaters from misfueling and product failures associated with incompatible fuels and will take the necessary actions to ensure compatible fuels remain available and affordable,” said NMMA President Thom Dammrich, in the statement. “EPA has failed in each regard and approved E15 in violation of its clear statutory requirements.”

The regulatory authority approved the use of E15 in 2011 for a "subset" of highway motor vehicles built in model year 2001 and beyond. The agency excluded marine engines and other non-road engines.

But the NMMA has been vocal about the possibility of misfueling as E15 makes its way into the fuel supply. It has been distributing labels to the marine industry warning against fueling marine engines with E15.

Background: According to Wikipedia, E15 is one of many different ethanol fuel mixtures that can be blended with gasoline (petrol) in various ratios for use in unmodified gasoline engines, and with minor modifications can also be used with a higher content of ethanol.

 

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