Environmental Law

Divided Appeals Court Rejects Ethanol Challenge


A federal appeals court on Friday rejected a challenge to new Environmental Protection Agency regulations allowing for higher concentrations of corn-based ethanol in gasoline.

The U.S. Court of Appeals for the District of Columbia Circuit held that representatives from the grocery, automobile and petroleum industries failed to show they suffered specific harm, Bloomberg News and Reuters report.

The complaining industries claimed increases in corn-based ethanol requirements would drive up the cost of food and gasoline, in addition to harming engines.

“Each industry group advances a theory of standing, but none is in fact adequate to meet the burden of establishing standing,” Judge David Sentelle wrote for the 2-1 majority.

In his dissent, Judge Brett Kavanaugh said the groups established standing because their members faced rising costs.

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