D.C. Circuit Rules Industry Groups Failed To Prove Standing in E15 Labeling Challenge

摘要

A federal appeals court on Oct. 21 dismissed an in-dustry group challenge to a final Environmental Protection Agency regulation requiring warning labels on pumps selling gasoline containing 15 percent ethanol (E15), finding that the groups failed to establish standing Alliance of Auto. Mfrs. v. EPA, D.C. Cir., No. 11-1334, case dismissed 10/21/14). Judges from the U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled the industry groups failed to establish standing because "they cannot show that their members have suffered or are threatened with suffering an injury in fact that is traceable to the regulation." Those concerns about standing featured prominently just three weeks ago in Oct. 6 oral arguments. Judges David Tatel, Janice Rogers Brown and Stephen Williams also said the current challenge suffered "similar flaws" to a previous case, which sought to overturn the EPA's Clean Air Act waivers allowing the use of E15, where the court found the same industry groups failed to demonstrate standing (Grocery Mfrs. Ass'n v. EPA, 2012 BL 210947, 693 F.3d 169 (D.C. Cir. 2012)).