Iowa Attorney General Brenna Bird and Nebraska Attorney General Mike Hilgers joined together Monday to sue the Environmental Protection Agency for failing to to meet a statutory deadline in response to petitions from their governors and six others to reduce evaporative emissions and allow year-round sales of E15.
“The Biden Administration has dragged its feet long enough,” said Attorney General Bird. “Hardworking Iowans deserve a cheaper, cleaner option at the gas pump. But despite the Governors’ request, the EPA has refused to allow Iowans to buy the fuel they want. Well, Iowans are done waiting. We’re taking President Biden and the EPA to court to make E15 available year-round.”
“The Biden Administration knows that increasing access to E15 will help consumers obtain some relief from the rising cost of gasoline, provide support for our farmers, and strengthen US energy security during a turbulent time,” said Attorney General Hilgers. “Earlier this year the administration recognized as much when it issued a temporary waiver. There is no reason that waiver shouldn’t be made permanent.”
The governors of eight Midwestern states petitioned EPA back in April 2022 to make the regulatory change and even though the Clean Air Act requiring the EPA to comply within 90 days, it has now been over a year. EPA proposed regulations in March to require fuel suppliers in these states to slightly reduce the volatility of gasoline beginning on May 1, 2024, which would reduce the potential for evaporative emissions and facilitate year-round sales of E15 blends.
Renewable Fuels Association President and CEO Geoff Cooper, who sent a letter to EPA last week on the issue, said they are hopeful that the action taken by Iowa and Nebraska will help break the logjam and cause EPA to complete the process as soon as possible to provide a long term solution to allow E15 sales year round. “We greatly appreciate the emergency action taken by EPA the past two summers to extend fuel supplies, avert shortages, and keep pump prices lower by allowing continued E15 sales during the summer,” Cooper said. “However, a permanent solution that provides stability and clarity to the marketplace is needed. Finalizing and implementing the governors’ petition as soon as possible will provide the certainty the marketplace is looking for.”
American Coalition for Ethanol (ACE) CEO Brian Jennings said, “EPA has been dragging its feet this entire rulemaking process, and we applaud Iowa Attorney General Bird and Nebraska Attorney General Hilgers for taking action to hold EPA accountable. We join them in imploring EPA finalize the plan developed by several Midwestern states so that E15 will be available next summer.”