Court strikes Trump EPA rule

A federal appeals court threw out a Trumpera Environmental Protection Agency rule change that allowed for the sale of a 15% ethanol gasoline blend in the summer months.

The decision Friday deals a significant blow to the ethanol industry and corn farmers who grow the crop from which the fuel additive is made. They had anticipated increased ethanol demand through yearround sales of the higher blend.

Most gasoline sold in the U.S. today is blended with 10% ethanol. Corn farmers and ethanol refiners have pushed for the government to allow the widespread sale of a 15% ethanol blend. The Trump administration made the change to fulfill a campaign promise to Midwest farmers. The EPA under President Donald Trump announced the change in May 2019, ending a summer ban on the E15 blend. Provisions of the Clean Air Act have prohibited the sale of certain fuels with a higher volatility from June 1 through Sept. 15 to limit smog. Congress has allowed 10% ethanol, and the EPA in its 2019 ruling revised the interpretation of the exemption to federal law to include the 15% ethanol blend.

Ethanol supporters contend that using more of the cornbased renewable fuel is better for the environment and helps meet federal climate change goals.

The U.S. Circuit Court of Appeals for the District of Columbia said it’s clear from federal law that Congress balanced “wideranging economic, energysecurity, and geopolitical implications.” They concluded Congress did not intend to allow ethanol blends higher than 10% to be widely sold yearround. They said the EPA overstepped its authority. The Iowa Corn Growers Association said it will continue to work with the Biden administration, Congress and state officials to maintain consumer access to E15 yearround.