Wed 22 Aug 2012, 15:24 GMT

US court dismisses ethanol fuel challenge


Association expresses disappointment at court's E15 fuel decision.



The National Marine Manufacturers Association (NMMA) has said it is 'disappointed' by the decision made by the U.S. Court of Appeals for the D.C. Circuit to dismiss on procedural grounds the recreational boating industry's challenge of the Environmental Protection Agency’s (EPA) decision to allow E15 into the U.S. fuel supply.

The Engine Products Group, a coalition of organizations that includes NMMA, sought to block the EPA decision. Other coalition members include the Outdoor Power Equipment Institute (OPEI), the Alliance of Automobile Manufacturers (AAM) and the Association of Global Automakers, Inc. (Global Automakers).

"This decision puts the potentially dangerous E15 at gas pumps across the country, a troubling scenario for American boaters and the recreational boating industry," the NMMA said.

"While this decision is a setback, it does not speak to the underlying merits of the case – whether EPA was in fact correct in its interpretation of the Clean Air Act to allow for a partial waiver in the first case, " the NMMA commented.

"NMMA is confident that were the Court to rule on the merits of the case that it would find that EPA has overstepped its authority for a partial waiver of E15. As a result, NMMA is currently evaluating further litigation options," the NMMA said.

Late in 2011, the EPA approved the use of E15 for a subset of on-highway motor vehicles (model years 2001-2006). Earlier that same year, the EPA approved the use of E15 for model year 2007 and newer vehicles as part of its response to a waiver petition filed in the spring of 2009 by pro-ethanol lobby group Growth Energy.

The partial waiver excluded marine engines and other non-road engines such as snowmobiles, lawn and garden equipment. The NMMA said it has been 'concerned' that the waiver will lead to 'widespread misfuelling' by consumers.

"Recently, NMMA at its own cost distributed labels for the marine industry to warn against fueling marine engines with E15. EPA also refused to mandate that if a facility sells E15 it would also offer E10 or E0 fuel for the nation's estimated 13 million registered power boat owners or the hundreds of millions of owners of gasoline-powered equipment," NMMA said.

"NMMA will continue to evaluate and address policy to protect boaters from misfueling and product failures associated with incompatible fuels and will take the necessary actions to ensure compatible fuels remain available and affordable," said NMMA President Thom Dammrich. "EPA has failed in each regard and approved E15 in violation of its clear statutory requirements."


Rolls-Royce mtu engine test bench. Rolls-Royce Power Systems switches German engine test facilities to HVO fuel  

Company saved 3,200 tonnes of CO2 by end of 2025 after switching to renewable diesel.

MSC Migsan delivery ceremony. Changhong International delivers final LNG dual-fuel container ship 205 days early  

Chinese shipbuilder completes 10-vessel series for MSC with delivery of 11,500-teu MSC Migsan.

Seoul city skyline. Oilmar seeks senior and mid-level bunker traders in Seoul  

Marine fuel firm aims to recruit experienced traders for South Korean operations.

Morten Thomas Jacobsen, GEA. Global Ethanol Association to present on ethanol marine fuel at London shipping expo  

Morten Thomas Jacobsen will discuss ethanol fuel trials and maritime decarbonisation challenges in June.

Adrian Tolson, IBIA. IBIA warns of structural shift in marine fuel market following Arabian Gulf tensions  

Association chair says geopolitical disruptions signal lasting changes to bunker supply dynamics and pricing.

HMM Hamburg vessel. Rotterdam bunker volumes plunge 25% in first quarter amid regulatory shifts  

Fossil fuel sales decline sharply while alternative fuels show modest growth in Dutch port.

Camellia Dream vessel. Norsepower completes factory tests for 18 rotor sails bound for Airbus fleet  

Wind propulsion units cleared for installation on LD Armateurs vessels targeting 50% emissions reduction.

Frankie Russ vessel. Ernst Russ acquires four chemical tankers with five-year charters worth $126m  

Hamburg shipowner enters tanker segment with methanol-ready newbuildings delivering from Q4 2026.

Ammonia fuel system component. Wärtsilä boosts ammonia engine power output to match LNG equivalent  

Finnish technology group raises Wärtsilä 25 Ammonia engine output, enabling simpler vessel designs.

Aerial view of a cruiseship at sea. Fincantieri secures order for three LNG-fuelled cruise ships from Princess Cruises  

Italian shipbuilder to construct vessels at Monfalcone yard, with deliveries scheduled through 2039.