VOLUME 5 - 2012-2013 - ISSUE 2
5 Ky. J. Equine, Agric. & Nat. Resources L. 289 (2013).
E15 PARTIAL WAIVERS: HOW THE EPA EXCEEDED ITS AUTHORITY AND PLACED ITS LIABILITY ON OTHERS
Note Written By: Tyler Brewer
This note will focus on the EPA's inappropriate exercise of power and the consequences for consumers. First, this note will provide general background information on ethanol, the relevant legislation targeted to implement an increased annual amount of ethanol in gasoline, and the procedures for introducing new alternative fuels to meet the increased mandated amount. Second, it will provide an analysis of how the EPA did not comply with the CAA in introducing new alternative fuels in commerce. More specifically, it will attack the validity of the arguments the EPA raised in asserting that partial waivers are within its congressionally authorized power. Third, this note will provide an overview of the adverse effects of the El5 partial waivers on the petroleum industry and consumers if no further action is taken, and also how E15 should be implemented into commerce.