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Grassley predicts lawsuit will fail

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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