I looked at his graph, I encourage everyone to do the same thing.
I guess you completely (and obliviously) missed the fact that ALL of the highest mpg cars on his chart are CVT's (those with Combined Fuel economy higher than 33mpg), and most of those above 30mpg are CVT's.
Since ALL of the cars showing the reported highest Combined MPG's are CVT's, you might want to stop looking at the overall Combined mileage on fuelly and notice that your "evidence" only shows what I have already stated to be true, the CVT returns higher HWY mpg's than the 5 speed, all things being equal.
But don't just believe that data off Fuelly, the EPA testing showed the same exact thing, as do reports on this forum (all them lying liars, lol).
I've already shown you why comparing just the overall Combined Fuel economy from Fuelly, to determine HWY mpgs for CVT vs 5 Speeds is not possible. You should realize that when you AVERAGE numbers, lower numbers will drop the overall AVERAGE, even when there are those really HIGH MPG numbers in the dataset.
By the way, do you think the EPA will retest the car to see if Subaru failed to follow the mandated procedure, or not bother?