API said the partial wavier improperly authorizes an increase in ethanol content of gasoline from 10% to 15% only for use in 2007 and newer model year cars and light duty trucks, and the EPA decision lacks statutory authority and comes prior to the completion of thorough testing to ensure the safety, performance and environmental impacts of the new fuel for consumers. API's Director of Downstream Operations Bob Greco made the following statement after the lawsuit was filed:
"The EPA's partial waiver is premature, lacks statutory authority and puts consumers at risk. Ongoing testing by our industry, auto makers and the Department of Energy to determine whether E15 is safe has not been completed. Results so far have revealed potential safety and performance problems that could affect consumers and the investments they’ve made in their automobiles.
"The U.S. oil and natural gas industry is the biggest consumer of ethanol and other biofuels and remains committed to the use of renewable fuels in our energy mix. We support a realistic and workable Renewable Fuel Standard and the responsible introduction of increased biofuels in a manner that protects consumers. However, rushing to allow more ethanol before we know it is safe could be disastrous for consumers and could jeopardize the future of renewable fuels."