Iowa, Nebraska Sue EPA for Stalling Year-Round E15

Numerous governors called on the EPA in 2022 to enable E15 sales all year-round. By law, EPA is given 90 days to act on such petitions.

It has now been over 380 days since the governors reached out, with no response from EPA.

Monte Shaw, Iowa Renewable Fuels Association executive director, says the Clean Air Act’s requirements for the EPA aren’t complicated science.

“There’s no question of the law, science or anything. They’re simply not doing their job,” says Shaw.

Why is EPA Stalling Year-Round E15?

So, what’s the hold up? EPA says it will act on the petitions by the end of 2023, but Shaw isn't convinced. While the fuel industry can’t pinpoint one reason why EPA has stalled, Shaw says he has his own suspicions.

“Refiners say they need more time to prepare for year-round sales, but we don’t think that’s 100% accurate,” says Shaw. “If EPA pushes this into 2024, refiners will petition for a waiver, saying they didn’t have enough time to prepare. It’s a crybaby story they’d pitch to a judge, who might listen. There’s no reason for it,” says Shaw.

Some states aren’t willing to wait on EPA’s decision any longer. Attorney generals in Iowa and Nebraska filed suit against EPA this week to better hold the agency and its jurisdictional timeline accountable. Listen to Shaw's remarks on AgriTalk at the link below.

“The Biden Administration has dragged its feet long enough,” adds Iowa Attorney General Brenna Bird. “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. We’re taking President Biden and the EPA to court to make E15 available year-round.” 

Shaw says the goal of the lawsuits is to end up with a decree that the EPA will set a date for finalizing the rule. 

“We would love to see that EPA rule be set by September or October, but that’s ultimately up to a judge,” says Shaw.