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NCC, others appealing to Supreme Court on E15
Story Date: 2/26/2013
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Source: Lisa M. Keefe, MEATINGPLACE, 2/25/13
The National Chicken Council has joined the American Petroleum Institute and other trade associations in a petition for a writ of certiorari with the U.S. Supreme Court, the NCC said.
The coalition is asking the Court to review a decision last month by the U.S. Court of Appeals for the District of Columbia Circuit not to reconsider a judicial panel’s decision from August 2012, to deny a challenge to the Environmental Protection Agency’s approval of gasoline blends containing 15 percent ethanol.
The initial court ruling said the industries failed to show they suffered harm due to the EPA’s decision.
NCC, API and the other food-production associations are arguing in their petition that the Supreme Court should take up the case because the D.C. Circuit’s decision conflicts with the decisions of other federal courts of appeals, as well as the decisions of the Supreme Court, on the requirements for standing.
The petition also emphasized that the D.C. Circuit’s decision leaves an important agency decision, which will undoubtedly affect a wide variety of industries and consumers, completely insulated from judicial review.
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