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Grocery Manufacturers Association v. EPA

Filing Date: 2010
Case Categories:
  • Federal Statutory Claims
    • Clean Air Act
      • Industry Lawsuits
        • Renewable Fuel Standards
Principal Laws:
Clean Air Act (CAA)
Description: Challenge EPA’s decision to allow more ethanol in fuel for 2001-06 cars and light trucks.
  • Grocery Manufacturers Association v. EPA
    Docket number(s): 12-1055, 12-1167, 12-1229
    Court/Admin Entity: U.S.
    Case Documents:
    Filing Date Type File Action Taken Summary
    06/24/2013 Order List Download Certiorari denied. The U.S. Supreme Court denied the three petitions for writs of certiorari.
    04/10/2013 Petition for Writ of Certiorari Download Petition for writ of certiorari filed by American Fuel & Petrochemical Manufacturers, International Liquid Terminals Association, and Western States Petroleum Association. A number of industry groups filed petitions for writs of certiorari with the U.S. Supreme Court.
    03/25/2013 Petition for Writ of Certiorari Download Petition for writ of certiorari filed by Alliance of Automobile Manufacturers and others.
    02/21/2013 Petition for Writ of Certiorari Download Petition for writ of certiorari filed by Grocery Manufacturers Association and American Petroleum Institute.
  • Grocery Manufacturers Association v. EPA
    Docket number(s): 10-1380
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    01/15/2013 Order Download Order issued denying rehearing. The D.C. Circuit denied a motion from grocery producers to rehear lawsuits challenging EPA’s decision allowing gasoline containing up to 15 percent ethanol (E15) allowed in gasoline for 2001 and newer automobiles.
    08/17/2012 Opinion Download Opinion issued. The D.C. Circuit dismissed lawsuits challenging EPA’s decision to increase the allowable ethanol content in gasoline on standing grounds, holding that none of the industry groups that challenged the decision could show that they were harmed by the rule. In a 2-1 decision, the court held that, on its face, the waivers did not directly impose regulatory restrictions, costs, or other burdens on any of the groups. 
    04/05/2011 Order Order issued consolidating proceedings. After several earlier clerk’s orders consolidating individual challenges, the D.C. Circuit issued an order consolidating these six related proceedings under Grocery Manufacturers Association v. EPA, No. 10-1380.
    11/09/2010 Petition for Review Petition for review filed. An industry association and several other representatives of the meat and pork industry filed an action challenging EPA’s decision to grant a waiver allowing more ethanol in fuel for 2007 and newer vehicles, alleging that the agency exceeded its authority under the Clean Air Act. The decision raised from 10 percent to 15 percent the maximum ethanol level in gasoline used in these vehicles. 
  • Grocery Manufacturers Association v. EPA
    Docket number(s): 11-1072
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/11/2011 Petition for Review Download Petition for review filed. Industry groups and various related organizations filed petitions for review of EPA’s Clean Air Act waiver authorizing the use of gasoline containing 15 percent ethanol for use in model year 2001-06 cars and light trucks.  The petitions supplement filings that challenged EPA’s original waiver to allow so-called E15 in gasoline for model year 2007 and newer cars and light trucks.
  • National Petrochemical & Refiners Association v. EPA
    Docket number(s): 11-1086
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/21/2011 Petition for Review Petition for review filed.
  • Alliance of Automobile Manufacturers v. EPA
    Docket number(s): 11-1046
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    02/16/2011 Petition for Review Download Petition for review filed. Four industry groups sued EPA after it granted a waiver under the Clean Air Act allowing gasoline containing 15% ethanol (referred to as “E15”) to be used in model year 2001-06 cars and light trucks.  EPA approved E15 for use in model year 2001-06 cars and light trucks on January 26, 2011.  The previous limit on ethanol in gasoline had been 10%.  That limit still applies to vehicles older than model year 2001 due to concerns that the corrosive nature of ethanol would damage engines and emissions controls. However, testing by the Department of Energy has found that newer vehicles can use the fuel blend safely.
  • National Petrochemical & Refiners Association v. EPA
    Docket number(s): 11-1002
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    01/03/2011 Petition for Review Petition for review filed. An organization representing the petrochemical industry joined the parties challenging EPA’s decision to grant a waiver allowing more ethanol in fuel for 2007 and newer vehicles.
  • Alliance of Automobile Manufacturers v. EPA
    Docket number(s): 10-1414
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    12/20/2010 Petition for Review Petition for review filed. A coalition of automobile manufacturers and engine makers sued EPA over a rule that would allow the use of gasoline with up to 15% ethanol in vehicles from model years 2007 and newer, alleging that it violates the Clean Air Act. Ethanol content in gasoline is currently limited to 10%.  On October 13, 2010, EPA announced that it would grant a partial waiver allowing vehicles from model years 2007 and newer to use gasoline with up to 15% ethanol. The petitioners allege that the CAA does not allow such a partial waiver.

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