AG’s of NE, IA file intent to sue EPA for delay of E15 sales

Attorneys general in two Midwestern States have notified the Environmental Protection Agency of their intent to sue for delaying year-round E15 sales.

Nebraska AG Mike Hilgers and Iowa AG Brenna Bird say the EPA has illegally delayed the rule-making process despite a Clean Air Act requirement to act within 90 days.They say the agency has taken over 300 days and used the delay to justify implementing the new rules for the 2024 summer driving season instead of 2023.

The Attorneys General say the EPA needs to issue temporary emergency declarations for the 2023 season to bridge the gap until the waiver takes effect.

Iowa Senator Chuck Grassley says the Administration the AG’s have a strong case with the Administration  sending mixed messages. “They didn’t move in this direction.  You take every avenue you can, and I applaud the attorney’s general.”

Nebraska Congressman Mike Flood tells Brownfield the delay has left fuel retailers, farmers and consumers in limbo. “It’s time for EPA to act and give certainty to the marketplace. Our country needs E15 for all, every state, all yearlong.”

Flood joined a bicameral, bipartisan letter asking EPA to approve E15 for the 2023 summer driving season.

Renewable Fuels Association President and CEO Geoff Cooper says the law is clear, and the agency should have finalized the petition last July and inaction has created more uncertainty for the industry.

Monte Shaw, executive director with the Iowa Renewable Fuels Association, says the EPA needs to be held accountable and the delay protects petroleum refiners but not Midwest consumers. 

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