The EPA partial waiver on E15 could soon be struck down by the court.  That’s the opinion of NPPC legal counsel Michael Formica which is a participant in the lawsuit.  He says the suit filed in the U.S. Court of Appeals charges the partial waiver of the Clean Air Act allowing 15-percent ethanol in new vehicles is not within the agency’s legal authority. 

Formica says the EPA has unlawfully interpreted the statute to achieve a particular outcome and he is confident the court will agree and require the EPA to reverse course maybe as soon as this year. 

The suit was filed in November of 2010 by food and livestock organizations and the American Petroleum Institute.