D.C. Circuit Doubts EPA Power For Waiver Allowing Year-Round E15 Sales

April 13, 2021
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit at April 13 oral argument doubted the legality of the Trump EPA’s waiver allowing year-round sales of previously restricted 15-percent ethanol fuel (E15), faulting the agency’s revised interpretation of its Clean Air Act authority to justify the decision. Judges Robert Wilkins, Nina Pillard and Judith Rogers were skeptical of EPA’s new interpretation that it can extend an existing Clean Air Act waiver for E10 fuel...

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