Energy Future Coalition v. EPA, No. 14-1123 (D.C. Cir. 2015)
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Petitioners, several biofuel producers and others, want EPA to approve E30, which is a fuel that contains about 30% ethanol, for use as a test fuel. EPA has adopted regulations that require vehicle manufacturers to test the emissions of new vehicles. Vehicle manufacturers must conduct emissions testing using a “test fuel” that must be a fuel that is “commercially available.” As a preliminary matter, the court concluded that petitioners have Article III standing to maintain their suit; petitioners are within the zone of interests protected by the Clean Air Act (CAA), 42 U.S.C. 7607(b)(1); petitioners' challenge is timely; and petitioners' suit is ripe. On the merits, the court concluded that it is entirely commonsensical and reasonable for EPA to require vehicle manufacturers to use the same fuels in emissions testing that vehicles will use out on the road. Moreover, the regulation is rooted in (if not compelled by) the statute, which says that EPA must ensure that “vehicles are tested under
circumstances which reflect the actual current driving conditions under which motor vehicles are used, including conditions relating to fuel.” Because the “commercially available” requirement is not arbitrary and capricious, the court denied the petition for review.
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