In This Issue:

FYI Newsletter Volume 7, Issue 14, August 15, 2002 

Court Finds Government Guilty for Violation of Energy Policy Act

- From U.S. Newswire

In a ruling on a lawsuit brought by environmental groups out of San Francisco on August 7, 2002, Federal District Court Judge William Alsup has found that nearly every cabinet level agency in the U.S. Government has violated the Energy Policy Act of 1992 by failing to buy or lease the legally required percentages of Alternative Fuel Vehicles (AFVs) for their federal fleets. The lawsuit was brought by Earthjustice on behalf of the Center for Biological Diversity, Bluewater Network, and Sierra Club.

The Energy Policy Act, signed into law after the Gulf War by George Bush, Sr. in 1992, was designed to wean ten percent of American transportation fuel demand from petroleum by the year 2000 and thirty percent by the 2010. The Act requires all federal agencies with light duty fleet vehicles in major metropolitan areas to acquire at least 75 percent Alternative Fuel Vehicles each year instead of traditional petroleum-fueled cars and trucks. The federal government currently has over 600,000 vehicles in its fleet, the largest in the nation. Judge Alsup declared that all defendant federal agencies violated the Act's AFV-acquisition requirements in at least some years

Judge Alsup also found that all the defendant federal agencies have further violated the Energy Policy Act by failing to disclose to the public through annual compliance reports whether they had acquired the legally required numbers of AFVs. Agencies covered by this ruling include: Departments of Commerce, Defense, Interior, Transportation, Agriculture, Justice, Labor, and State, as well as the Department of Health and Human Services, Department of Housing and Urban Development, General Services Administration, Department of Veterans Affairs, Nuclear Regulatory Commission, Environmental Protection Agency, and NASA.

"This is a major victory for anyone who believes this nation's transportation system is dangerously addicted to petroleum including, it seems, President Bush's father. Hopefully the federal government will finally get with the program," said Jay Tutchton, staff attorney with Earthjustice, the environmental law firm that represented the plaintiffs in the suit.

Judge Alsup ordered the government to prepare overdue reports of their non-compliance with the law by November 26, 2002, and to make these reports available to the public over the Internet by January 31, 2003.

In these compliance reports, which defendants illegally withheld, every federal agency must not only admit its prior failings to acquire the legally required number of AFVs, but also must submit a specific plan, including dates, by which it will come into compliance with the law.

"These compliance plans and reports will finally set enforceable deadlines," said Tutchton. "Maybe now Bush II can enforce his father's law."

The Energy Policy Act also requires the Department of Energy consider a regulation to extend the AFV acquisition requirements to private and municipal fleets in major metropolitan areas, which it has failed to do. Judge Alsup ordered both sides to provide further briefing on how long the court should give the Department of Energy to take action on the overdue regulation.

"AFVs are available on the market. The federal government has no excuse for not following the law. Hopefully by exposing the failings of the government we can re-direct the current national energy plan away from a drill-and-despoil mantra and toward cleaner future," said Peter Galvin of the Center for Biological Diversity.

Environmentalists concerned about air pollution have long touted alternative fuel vehicles. "AFVs are cleaner than traditional vehicles. Burning alternative fuels as opposed to gasoline will lessen the toxic chemicals currently spewing from our tailpipes, and significantly reduce greenhouse gas pollution--the main culprit behind global warming," said Elisa Lynch of Bluewater Network.

"The U.S. buys more than a half-million barrels of oil a day from Iraq," said Daniel Becker, director of Sierra Club's Global Warming and Energy program. "Instead we should be using alternative fuels and increasing the fuel economy of our cars, trucks and SUVs. It's crucial that the Administration stop breaking this law because it moves us closer to reducing our dependence on oil."

NEVC Board Members Represent E85 at Petroleum Conference

NEVC Chairman Gary Marshall and former Chairman Hal Smedley represented the NEVC at the 2002 Colorado and Wyoming Petroleum Marketers’ Association Convention and Trade Show on August 10, 2002 in Jackson Hole, Wyoming.  The association exhibited interest of NEVC’s attendance for feelings of an ever-rising curiosity in alternative fuels among the marketer’s. 

Along with oil promoters, Hal Smedley presented information on E85.  Other alternative fuel specialists such as biodiesel and compressed natural gas also presented.  Mr. Smedley addressed the marketers regarding E85 an alternative fuel, its similarity in handling characteristics to gasoline, the use of E85 in FFVs, automobile manufacturers production and new announcements of FFV models, ease and costs associated with incorporating E85 into existing fuel products, and general information regarding ethanol performance. 

The NEVC acknowledges the opportunity for participation in a petroleum marketer’s conference and marks it a great success in the fight for E85 as an alternative fuel.  We thank the Colorado and Wyoming Petroleum Marketer’s Association for giving us a chance to inform their audience on this clean, domestic fuel.

 Fuel Pump Retrofit Coming Soon

According to recent reports from Ford Motor Company, the installation of the new fuel pump designed for the United States Postal Service E85 Delivery Vehicles has been postponed from August 5, 2002 to September 23, 2002.  The retrofit was pushed back due to a supplier problem with the company that is making the replacement fuel filler necks.

The 22,500 E85 Postal Service delivery trucks have not to date been able to run on E85 due to fuel pump problems.  The NEVC has been working with the Postal Service and convenient nearby fueling stations across the nation to serve these vehicles with our clean, domestic fuel – E85.

AMT Workshop to be Held in St. Paul

As the discussions of tax incentives for alternative fuels wears on in the recent Energy Bill, questions regarding limitations of obtaining the credits due to the Alternative Minimum Tax (AMT) hang in the wings.  The National Ethanol Vehicle Coalition and the Twin Cities Clean Cities Coalition will be holding a half-day workshop on pricing of E85 and the AMT.  Several polished speakers are anticipated to attend.  The workshop will be held August 21, 2002 at the Radisson Riverfront Hotel in St. Paul, Minnesota starting at 8:00 a.m.

You may find a copy of the workshop agenda and hotel information here.  As space is very limited, the NEVC asks that you confirm your reservation as soon as possible with Randa Barker at (573) 635-8445.

The NEVC feels that creating a plan addressing the AMT is crucial to further inform the Conference Committee of goals that we feel are important to E85.  This workshop plans to do just that.

 New Full-Time Birmingham Clean Cities Coordinator

The Central Alabama Clean Cities Coalition (CACCC) formally inducted a full-time Clean Cities Coordinator on July 1, 2002.  Justin Joffrion brings much experience to the newly formed  coalition.

“I have been heavily involved in community and economic development in Birmingham’s rapidly-developing City Center for the past six years, working on everything from small and large-scale special events to managing and marketing Birmingham’s booming urban loft community,” said Joffrion.  “Before coming to the CACCC, I worked as an Urban Development Coordinator for Operation New Birmingham, a public/private partnership which promotes and facilitates economic, community and real estate development in Birmingham’s City Center.”

The Birmingham Clean Cities Chapter has only existed for a short while.  An alternative fuels program has been needed in Birmingham for a long while.  It was decided that the Clean Cities Program would offer the most toward meeting those needs.  Local environmental committees and interested stakeholders began their program efforts about two years ago and it is now beginning to take on new momentum, with definitive plans to file for a 501-C(3) parent charter at the end of this month, and to present the Clean Cities Program Plan to the DOE by the end of 2002 or early 2003. 

Birmingham now offers five of the major alternative fuels, and infrastructure to fuel and service the current alternative fuel fleets.  “We plan to expand on the available infrastructure of alternative refueling and servicing stations toward the goal of a Clean Corridor between Tuscaloosa, Alabama, and Atlanta, Georgia while also incorporating public access opportunities within these stations,” commented Joffrion.  “In addition, we intend to expand the number of alternative fuel fleets and AFVs offered in our region, market the cost-effectiveness and environmental benefits of alternative fuel usage to the general public, and further promote the burning of E-85 over petro-based gasoline in FFV fleets within our region.”

When asked how he felt specifically about E85, Joffrion responded, “It is a strong asset to the mission of cleaner air and fewer harmful tailpipe emissions, and the popular choice to burn E-85 in FFV fleets speaks for itself.  Because it is a renewable, domestically-produced alternative, I support E85 in that it supports our domestic economy and energy independence, both of which promote the prosperity of our nation.”

The NEVC welcomes Justin Joffrion to the wonderful pool of clean cities coordinators across the nation.  We feel that along with all the strong believers of E85, this nation can better fight for the reduction of imported oil within the United States.

Justin Joffrion, Central Alabama Clean Cities Coordinator

NEW for NEVC

United States shaped E85 keychains can be ordered NOW through the NEVC.  These patriotic keychains promoting the renewable fuel will show your support of the clean burning alternative.  Purchase yours today!  For a discount on the keychain and all other promotional items offered by the NEVC, join the NEVC now!  The cost of joining is minimal compared to its many benefits.  For questions, contact the NEVC office.  

NEVC Calendar

September 4, 2002
North Dakota Ethanol Workshop for Rural America at the Radisson Hotel in Bismarck, North Dakota.  For more information, call (701) 258-7700.

September 18, 2002
Designation of Greater Yellowstone-Teton Clean Cities Coalition at Old Faithful at 9:30 a.m. in West Yellowstone, MT. For more information, contact (208) 529-1431.

September 26-27, 2002
Fuel Ethanol Thailand at the Regent Hotel in Bangkok, Thailand. For more information, email abfbkk@loxinfo.co.th or email Nuchada Paradeevisut at nuchada@abf-asia.com.

October 6-8, 2002
National Association of Convenience Stores Show at the Orlando County Convention Center in Orlando, FL. For more information, visit http://www.cstorecentral.com/nacsshow/2002info.asp.

October 15, 2002
Ethanol Workshop for Rural America at the Holiday Inn in Billings, MT.  Kickoff banquet on October 14 in the Stillwater Room of the Holiday Inn at 5500 Midland Rd.  For more information, visit http://www.ethanolmt.org.

October 22-26, 2002
2002 National Conference of State Fleet Administrators in Mystic, CT. For more information, contact (623) 772-9096.

October 28-30, 2002
2002 New Mexico Environmental Health Conference at the Historic Sheraton Old Town in Albuquerque, NM. For more information, visit www.nmehc.org.
 

February 17-19, 2003
8th Annual National Ethanol Conference: Policy and Marketing at the Camelback Inn Marriott Resort in Scottsdale, Arizona. For more information, call BBI International at (800) 567-6411.

February 27 – March 1, 2003
2003 Commodity Classic at the Charlotte Convention Center in Charlotte, NC. For more information, visit www.commodityclassic.com.

CONTACT US. . .

Please feel free to e-mail your story suggestions, comments, corrections or clarifications to us at info@e85fuel.com or call us toll free at 877-485-8595.

Phillip J. Lampert, Executive Director
info@e85.com

Michelle Saab, Director of Communications
info@e85.com

Randa Barker, Director of Administration
info@e85.com

You may view this FYI online at
 http://www.e85fuel.com/news/081502fyi.htm

NEVC  promotes the use of 85 percent ethanol as a renewable form of alternative transportation fuel while enhancing agricultural profitability, advancing environmental stewardship and promoting national energy independence.