Ethanol Litigation: Another Powerful Dissent by Judge Kavanaugh

On Tuesday, the D.C. Circuit Court of Appeals denied by 7-1 a petition for a full-court re-hearing of its 2-1 decision last summer to dismiss litigation challenging the EPA’s approval of the sale of E15 at retail motor fuel pumps. E15 is a blend of 85% gasoline and 15% ethanol.

In both decisions, Judge Brett Kavanaugh was the sole dissenter, and both times he trounces the majority on the facts and statutory logic.

In a previous post, I reviewed Kavanaugh’s dissent in the August 2012 decision. Herewith a brief recap:

  • The 2-1 majority held that petitioners – refiners and livestock producers — would not be injured by the EPA’s grant of a waiver authorizing the sale of E15 and thus lack standing to challenge the agency. The majority somehow missed the obvious.
  • There being no commercial substitute for ethanol to meet the ever-increasing production quota established by the Renewable Fuel Standard (RFS), EPA approval of E15 is a de facto mandate on refiners to increase the blend from E10 to E15 — a roughly 50% increase from about 14 billion gallons to 21 billion gallons annually. That will necessarily impose a cost on refiners.

Read more at By Marlo Lewis.

Photo credit: tbone_sandwich (Creative Commons)


  1. George Fuller says:

    The Historians of the future will shake their heads looking at taking food stocks and making fuel out of them while blocking oil pipeline…….outrageous…….

  2. Our only recourse against these liberal morons is to refuse to purchase this "fuel" which ruins car engines and takes food from our tables by raising prices on many corn products. We have never bought it and never will…….

  3. richard holmes says:

    Put these butt heads in the loony bin. they are a plague on the US.

  4. Huapakechi says:

    Why does no lawsuit cite the formaldehyde produced by this fuel?

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