The Renewable Fuels Association, Growth Energy and the National Corn Grower’s Association are disappointed with the DC Circuit Court of Appeals decision denying a rehearing on year-round use of E-15. Earlier the court ruled against E-15 being sold year-round and the three biofuel groups then filed an appeal. RFA President and CEO Geoff Cooper says had the rehearing been allowed more and necessary facts could have been presented to all the Judges rather than just the three that made the original ruling.

He says what’s positive is that they were able to keep E-15 sales intact for this summer but now have nine months to find a solution that allows them to market the fuel annually.

Cooper says despite the Appeals Court denial on a rehearing the biofuel groups have three options available to them to try and resolve the problem including at the legislative level, with the EPA itself and also another run in the courts.

While the Appeals Court ruling is a setback, biofuel groups say they’ll do everything they can to assure uninterrupted market access for E-15.