Yesterday’s petition filed with the U.S. Supreme Court by the Grocery Manufacturers Association seeks to reverse a decision last August by the DC Circuit that held that none of the 17 petitioners had standing to challenge the E15 waivers.
“The procedural grounds on which the DC Circuit Court based its split decision to dismiss our petition are unfounded,” said GMA Executive Vice President for Government Affairs Louis Finkle. “All the while, the significant issues at the heart of our case continue to go unanswered. In the end, it’s consumers who will pay the heaviest toll for the court’s decision, as it cleared the way for an expansion of misguided food–to-fuel policies at a time when Americans can least afford it.”
Finkle also stated what other opponents of the RFS have been claiming, that implementation of the RFS has had “a profound negative impact on the economy and the structure of markets in energy, agricultural commodities and food manufacturing. The application of the RFS to allow E15 into the market will only exacerbate a situation that is already having a negative impact on consumers and the economy.
“The available supply and price of corn and other affected commodities has an enormous impact on the cost inputs to food production,” Finkle said. “As hard as food and beverage companies work to deliver safe, nutritious food to consumers at affordable prices, the laws of economics dictate that consumers will feel the effects of these higher input costs at the retail level at a time when many families are struggling.
“The original suit filed argued that EPA had exceeded its authority and violated the law when approving the use of E15; but more importantly, it put consumers at risk of food insecurity. These facts have not changed. We continue to support this position and are now looking to the Supreme Court to overturn the decision of the lower court to ensure that GMA and the coalition’s arguments are heard.”
Groups involved in the lawsuit include: American Meat Institute, National Chicken Council, National Council of Chain Restaurants of the National Retail Federation, North American Meat Association, National Pork Producers Council, National Turkey Federation and the Snack Food Association.