Iowa, Nebraska File Intent to Sue for EPA’s E15 Mishandling

Iowa and Nebraska Attorneys General notified EPA Administrator Michael Regan this week of an “intent to sue” due to delayed rulemaking for year-round E15 sales. Despite the Clean Air Act’s requirement to act within 90 days, EPA took more than 300 days to issue the proposed rule. To add insult to injury, the rule includes a 2024 effective date.

Iowa Attorney General Brenna Bird says EPA must follow the law and that any delayed response deprives Iowans of cheaper, cleaner fuel options. Iowa has led the country in expanding access to ethanol. According to Brenna, Iowa will go to court to lead the country again if the “law isn’t being followed.” Accompanying their notice was also a call for an emergency waiver for 2023 – a sentiment shared by industry groups, as well.

American Coalition for Ethanol CEO Brian Jennings says EPA is “caving to refiner crocodile tears by kicking the can to 2024.”

Read more on the fight for year-round E15 here.