Future of E15 May Be Clouded With Litigation

As for what is ahead regarding EPA's E15 waiver, litigation is the most likely answer, with threats of court actions and liability concerns arising from both supporters and opponents of increased ethanol use and continued government subsidies.

As for what is ahead regarding EPA's E15 waiver, litigation is the most likely answer, with threats of court actions and liability concerns arising from both supporters and opponents of increased ethanol use and continued government subsidies. This is why EPA took longer than proponents of the move wanted: to make sure it had evidence for its decision.

Supporters note that the E15 approval announcement is but one of many steps that must occur before commercial usage develops, as states must now change their regulations to complement the ruling. And, its possible that some states may balk at offering E15.

While the waiver is backed by the ethanol industry, many farm groups, and Midwestern members of Congress, it is opposed by many environmental groups and a wide range of other industry groups.

While some U.S. government officials think E15 will become commercially available in early 2011, litigation and liability concerns could make that timeline optimistic.

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