Ethanol Blog — Iowa, Nebraska Attorneys General to Sue EPA on Delay on E15 Rule Unless Effective Date Moved Up

Deliver Dispense, Environmental Protection Agency, Federal Agency/Executive Branch, Federal Litigation, Federal Regulation, Illinois, Infrastructure, Iowa, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Opinions, Policy, South Dakota, Wisconsin

March 7, 2023

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by Todd Neeley (DTN Progressive Farmer) The attorneys general of Nebraska and Iowa announced their intent to sue the EPA on its proposed E15 rule for eight states, in a certified letter delivered to EPA Administrator Michael Regan on Monday.

The states asked the agency to change the effective date of the rule from 2024 to 2023 or face a lawsuit. The attorneys general are giving EPA 60 days to respond.

Last week the Biden administration approved the petition from eight states to make permanent year-round E15 sales in their states – effective in 2024. The agency still has yet to approve year-round E15 sales for the upcoming driving season that starts in June.

Effectively, E15 sales will not be permitted across the country beginning in June unless the EPA or Congress acts.

The proposal is up for a public comment period and covers eight of nine states’ petitions, including Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota and Wisconsin. North Dakota was the lone state that petitioned the agency and did not receive approval.

Nebraska Attorney General Mike Hilgers and Iowa Attorney General Brenna Bird asked Regan on Monday to change course on the proposed rule.

“The administrator’s delay in acting on such a request and the proposed further delay in implementation constitute arbitrary and capricious action, violate the statutory text, and are in effect a constructive denial of the waiver the governors requested,” the attorneys general said in the letter.

“Iowa and Nebraska notify the EPA that they reserve the right to sue to seek injunctive relief, and all other relief authorized by law.”

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The attorneys general said the agency’s “failure to perform these mandatory, non-discretionary duties in a timely manner” violates the Clean Air Act.

“The administrator’s action in granting the governors’ request is proper and required by the statute, but the one-year delay stands to harm air quality,” the letter said.

“It also creates uncertainty and confusion in the marketplace, and left unaddressed, will result in increased emissions and higher fuel prices for consumers. At best, this delay is arbitrary and capricious, at worst it is plainly unlawful.” READ MORE

Iowa, Nebraska AGs to sue Biden administration over delayed ethanol rule (The Hill)

Sens. Moran, Marshall Urge President Biden to Continue the Year-Round Sale of E15 Fuel (Office of Senator Jerry Moran (R-KS))

AG’S OF NE, IA FILE INTENT TO SUE EPA FOR DELAY OF E15 SALES (Brownfield Ag News)

Iowa, Nebraska warn EPA they’ll sue to make E15 available this summer (Des Moines Register)

Biofuel allies threaten lawsuit on E15 delay: State attorneys general and the biofuel industry said they may take legal action if EPA doesn’t make higher-ethanol fuel available this summer, instead of delaying implementation until 2024 as proposed. (Politico Greenwire)

Congress Set to Reintroduce E15 Bill: Ethanol Group Representative Says Industry Close to Making Permanent E15 Fix (DTN Progressive Farmer)

Midwestern Officials Threaten To Sue EPA Over Delayed Start For E15 Sales (Inside EPA)

EPA considering ‘all options’ for summer 2023 E15 sales (Agri-Pulse)

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