Iowa, Nebraska sue EPA to force year-round high-ethanol fuel

The attorneys general of Iowa and Nebraska on Monday sued the Environmental Protection Agency (EPA) in a bid to compel the agency to allow the year-round sale of ethanol-heavy fuel blends.

In a lawsuit filed in the Southern District of Iowa, Iowa Attorney General Brenna Bird (R) and Nebraska Attorney General Mike Hilger (R) alleged that the federal government missed a 90-day deadline to make a decision on a waiver request from the states to sell E15 fuel year round., which includes 15 percent ethanol. 

Seven midwestern governors, led by Iowa’s Kim Reynolds (R), wrote to the administration in 2022 to ask for year-round sales.

The EPA has proposed a rule that would allow year-round E15 sales, but it would not take effect until 2024. The lawsuit argues that missing the deadline was a violation of the federal agency’s duties under the Clean Air Act.

Its lack of action, they wrote, “prolongs the risk of harm from increased emissions levels to millions of residents in each of the Plaintiff States and impedes the States’ attempt to improve air quality consistent with the Act in areas including the Des Moines Metropolitan Area[.]”

Bird and Hilger vowed to sue as early as March of this year, when they filed an intent-to-sue letter. Around the same time, 10 senators and 21 House members representing the Midwest also asked EPA Administrator Michael Regan to grant the request.

“The Biden Administration has dragged its feet long enough,” Bird said in a statement. “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,” she argued. “We’re taking President Biden and the EPA to court to make E15 available year-round.”

The Renewable Fuels Association, the main biofuels trade group, praised the move in a statement.

“[T]he marketplace needs time to coordinate and prepare for implementation of these regulations,” RFA President Geoff Cooper said. “We have strongly encouraged EPA to finalize the rule before the end of this summer, and we’re hopeful that the action taken by Iowa and Nebraska today will help break the logjam and cause EPA to complete the process as soon as possible.”

An EPA spokesperson told The Hill the agency does not comment on pending litigation. 

Updated at 10:45 am ET.