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Grassley predicts lawsuit will fail

DANIEL LOOKER 12/21/2010 @ 1:36pm Business Editor

Senator Chuck Grassley (R-IA) said Tuesday that he believes a lawsuit filed this week to challenge EPA approval of E15 in newer cars will fail.

“I think they’re going to loose because I think the EPA did good science in the regulations,” Grassley said.

The Environmental Protection Agency has approved 15% ethanol blends in 2007 or newer model cars and light trucks and is expected to approve E15 for 2001 or newer models sometime next year.

Grassley said the EPA approval, which took about a year longer than expected, was delayed because the agency wanted to have adequate testing to defend against the lawsuits it expected.

Monday, a coalition of engine manufacturers and automobile companies, the Engine Products Group, filed a petition in the U.S. Court of Appeals for the District of Columbia.

According to a statement from the National Marine Manufacturers Association, one of the coalition members, the group says EPA can’t grant the waiver to the Clean Air Act allowing E15 for three reasons:

“--The Clean Air Act does not authorize EPA to issue any “partial waiver” decisions,

--EPA’s own statute passed by Congress in 2007 states that fuels can’t be approved for the market that could cause any failures. Yet, E-15 has been shown to adversely affect engines in non-road products and later model year vehicles, cause emission failures and increase air pollution due to misfueling.  Further, administrative records fail to demonstrate that even new model year motor vehicles (other than “flexible fuel vehicles”) would not be damaged and result in failures when run on E-15, and

--The testing, upon which EPA made its decision, was put in the administrative record too late to permit meaningful comment or scrutiny from concerned groups and stakeholders.”

Grassley said the lawsuit is just one of several challenges to E15 from oil, environmental and food manufacturing interests.

“If it is successful, then we’re going to have to take congressional action to override it,” Grassley said.

The other groups supporting Monday’s legal action are: the Alliance of Automobile Manufacturers, the Association of International Automobile Manufacturers, Inc., and the Outdoor Power Equipment Institute.



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Equality, fair trade and anti trust suits come to 12/21/2010 @ 3:25pm Keep in mind...the govt is not supporting bio diesel, thus favoritism to E.

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