Rulemaking that paved the way for year-round E15 sales is being challenged in the D.C. Circuit Court of Appeals. On Tuesday, a three-judge panel heard oral arguments on the issue. The oil industry claims the Environmental Protection Agency does not have legal authority to allow summer E15 sales. “It’s hard to read tea leaves from oral arguments. We were well prepared and so was the Department of Justice standing firm for the EPA,” says Joe Kakesh, general counsel, Growth Energy. The court will now offer an opinion, this could take months. “We believe there are no errors in the rulemaking to justify the court sending it back. If they send it back, we’ll closely evaluate why.” If the court rules in favor of the EPA, oil refiners could ask the Supreme Court to consider the case.
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