Page 21 - WestlawnMasthead23_Sept12.pub

The Masthead
News & Views
Sept. 2012 Page 21
NMMA Disappointed in U.S.
Court of Appeals Decision to
Dismiss Boating Industry
Concerns about E15
WASHINGTON, D.C., August 17,
2012 -
The National Marine
Manufacturers Association
(
NMMA) announced it is disap-
pointed in the decision today by
the U.S. Court of Appeals for the
D.C. Circuit to dismiss on proce-
dural grounds the recreational
boating industry’s challenge of
the Environmental Protection
Agency’s (EPA) decision to allow
E15 into the U.S. fuel supply. The
Engine Products Group, a coali-
tion of organizations that includes
NMMA, sought to block the EPA
decision. Other coalition mem-
bers include the Outdoor Power
Equipment Institute (OPEI), the
Alliance of Automobile Manufac-
turers (AAM) and the Association
of Global Automakers, Inc.
(
Global Automakers).
This decision puts the potentially
dangerous E15 at gas pumps
across the country, a troubling
scenario for American boaters
and the recreational boating in-
dustry.
While this decision is a setback
it does not speak to the under-
lying merits of the case -
whether EPA was in fact cor-
rect in its interpretation of the
Clean Air Act to allow for a par-
tial waiver in the first case. In
his dissent, Judge Kavanaugh,
who presided over the case,
found that “EPA ran roughshod
over the relative statutory lim-
its” and is “flatly contrary to the
plain text of the statute.”
NMMA is
confident that were
the Court to rule on the merits
of the case that it would find
that EPA has overstepped its
authority for a partial waiver of
E15. As a result, NMMA is cur-
rently evaluating further litiga-
tion options.
Late in 2011, the EPA approved
the use of E15 for a subset of on-
highway motor vehicles ( model
years 2001-2006). Earlier that
same year, the EPA approved the
use of E15 for model year 2007
and newer vehicles as part of its
response to a waiver petition filed
in the spring of 2009 by pro-
ethanol lobby group Growth En-
ergy.
The partial waiver excluded ma-
rine engines and other non-road
engines such as snowmobiles,
lawn and garden equipment, the
NMMA has been concerned that
the waiver will lead to widespread
misfueling by consumers. Re-
cently, NMMA at its own cost dis-
tributed labels for the marine in-
dustry to warn against fueling ma-
rine engines with E15. EPA also
refused to mandate that if a facil-
ity sells E15 it would also offer
E10 or E0 fuel for the nation’s es-
timated 13 million registered
power boat owners or the hun-
dreds of millions of owners of
gasoline-powered equipment.
NMMA will continue to evaluate
and address policy to protect
boaters from misfueling and prod-
uct failures associated with in-
compatible fuels and will take the
necessary actions to ensure com-
patible fuels remain available and
affordable,” said NMMA President
Thom Dammrich. “EPA has failed
in each regard and
approved E15 in
violation of its clear
statutory require-
ments.”
Media Contact: Ellen Hopkins at
or
312-946-6249
NEW COAST GUARD REGULA-
TIONS FOR COMMERCIAL
FISHERMEN
On October 16 a new federal law
will go into effect formulated to
protect commercial fishermen in
the dangerous environment that
they work in. The new law will ap-
ply to all commercial fishing boats
that operate three or more miles
of shore. When the law goes into
effect, these boats will now be
required to pass the dockside in-
spection that is currently being
formulated.
During the years of 2000 through
2009
commercial fishermen work-
ing the fishery off New England
and New York were 37 times
more likely to die on the job than
were police officers according to a
a study reported on Boston public
radio station WBUR
.
Source: Soundings Trade Only Aug. 30
2012
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