By KEVIN WALKER
Michigan Correspondent

WASHINGTON, D.C. — A coalition of groups opposed to corn-based ethanol have sued the U.S. Environmental Protection Agency (EPA) over its partial approval of E15, a blend of 15 percent ethanol to 85 percent gasoline.

The coalition filed its lawsuit Nov. 9 in the U.S. Court of Appeals for the District of Columbia. The coalition includes a number of farm and food trade organizations, including the Grocery Manufacturers Assoc., the American Meat Institute, National Council of Chain Restaurants, the National Meat Assoc., National Turkey Federation, National Chicken Council, National Pork Producers Council and several others.

They argue the EPA doesn’t have the legal authority to grant the partial waiver because, the suit says, the fuel additive could contribute to or cause the failure of an emissions control device or system.

“In approving E15, which is compatible only with certain, later model automobile and other types of engines, the EPA has clearly exceeded its authority under the Clean Air Act,” a joint coalition statement reads. “The EPA has unlawfully interpreted the statute to achieve a particular outcome.

“The agency has a legal obligation to adhere to the letter and spirit of the Clean Air Act and, in this case, has failed to do so. We are confident that the court will agree and require the EPA to reverse course.”

Grocery Manufacturers Assoc. Vice President for Federal Affairs Scott Faber issued his own statement on the lawsuit.

“We were disappointed in the administration’s decision to allow more ethanol in gasoline before truly sustainable advanced biofuels are commercially available,” Faber said. “Not only will this decision adversely affect millions of consumers who don’t drive brand new cars, but also countless Americans who are struggling to feed their families in a recovering economy.

“Recent spikes in corn prices due to supply concerns will only be exacerbated by this decision. This legal action will give EPA a second chance to get this important decision right.”
The EPA defended its partial waiver of E15.

“This decision is sound and the agency is confident that it will withstand legal challenge,” said Betsaida Alcantera, a spokeswoman.

Growth Energy, a pro-ethanol coalition, issued its own statement on the lawsuit. Tom Buis, CEO, accused large food companies of being concerned not with the greater good, but their own bottom line.
“In 2008, these big food companies gouged consumers while trying to shift the blame to America’s ethanol producers and farmers, so we’re not surprised by their actions today,” Buis said.
“Having been unable to dispute the overwhelming science in favor of E15, they are now turning to the legal process to slow progress on renewable fuels. We will fully evaluate their lawsuit, but the expansion of renewable fuels in America should be based on science. As extensive testing has shown, E15 is a good fuel for American motorists.”

Anti-ethanol interests also include small-motor manufacturers, who are worried consumers will put the wrong kind of fuel in their non-road engines and farm groups worried about the high cost of feed. These groups have also put together a website showing off studies that help to make their case.

That site is at www.followthescience. org and Growth Energy has some materials that help to make its own arguments. These can be found at www.growthenergy.org