Iowa Attorney General Brenna Bird and Nebraska Attorney General Mike Hilgers started the challenge against the EPA’s illegally delayed decision regarding the sale of year-round E15 gasoline this week by sending an intent-to-sue letter demanding EPA change the proposed rule to allow for E15 sales this summer.

The letter requests that the EPA issue a waiver allowing sale of year-round E15 starting April 28, 2023. Sending the letter is a required step under federal law at least 60 days before filing a lawsuit. Should the EPA fail to change the rule’s effective start date, the States have reserved the right to sue.

Renewable Fuels Association President and CEO Geoff Cooper said they appreciate the action taken by the AGs. “The law is clear—EPA should have finalized the Governors’ petition last July and had everything ready to go for this summer. Now, the marketplace finds itself in between a rock and hard place because of the administration’s inaction, and consumers are at risk of losing access to low-cost, lower-carbon E15 in a few short months. We join these AGs in urging EPA to follow through on its statutory obligation to finalize the Governors petition before this summer.”