The attorney generals of Nebraska and Iowa this week filed a motion for summary to force the Environmental Protection Agency to finalize a rule allowing eight Midwest states to sell E15 year-round.

The motion says EPA’s lack of action on the waiver request filed by the states in April 2022 causes harm to the “public interest…public health…(and) also creates economic harms.”

“This entire dispute boils down to the U.S. Environmental Protection Agency failing to meet a nondiscretionary deadline,” the motion reads, noting that the Clean Air Act requires EPA to issue a rule setting aside the waiver if requested by governors and requires that the rule be finalized within 90 days. “Now, more than 400 days later and more than a year after that 90-day period expired, EPA’s continued delay risks yet another year without the fuels the Governors requested—and that they are entitled to under the Act. Each day that this case continues, unresolved, is a day that EPA continues its now long-standing violating of the Clean Air Act.”

In addition to Iowa and Nebraska, the eight states also include Illinois, Minnesota, Missouri, Ohio, South Dakota and Wisconsin.