Responding to a federal appeals court decision on higher levels of ethanol fuel (E15), Kris Kiser, president and CEO of the Outdoor Power Equipment Institute (OPEI) — an international trade association representing more than 84 small-engine, utility vehicle and OPE manufacturers and suppliers worldwide — issued the following statement on Jan. 16:
“We just received word that the federal appeals court refused to reconsider a decision to throw out a lawsuit challenging an Environmental Protection Agency (EPA) rule that allows higher concentrations of corn-based ethanol in gasoline. The reasoning is that we didn’t have ‘standing’ because we couldn’t show specific harm as a result of the EPA’s decision. It is regrettable that the court is insisting to see personal or economic injury before they can take action. Our interest is to protect the consumer; we’re trying to prevent the harm from happening in the first place.
“EPA has acknowledged there will be mis-fueling with E15; there will be engine and product failure. This is the reason the outdoor power equipment, boating, UTV, snowmobile, auto, and motorcycle industries, as well as the American Automobile Association (AAA) and the Coast Guard, oppose this higher ethanol fuel. Our interest is in protecting our customers.
“Now, we will reconsider moving forward on a mis-fueling rule challenge concerning EPA’s wholly inadequate solution to avoid mis-fueling, which consists of a small 3×3 gas pump label. EPA denied our petition to have an E10 legacy fuel for the marketplace; we remain adamant that an E10 fuel stay in the marketplace for all products not approved for E15 use.”
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