Edited release
03/07/23
The Iowa and Nebraska Attorneys General have notified Environmental Protection Agency Administrator Michael Regan of their “intent to sue” the agency for its illegal delay in allowing year-round E15 sales.
In a release from the Iowa Renewable Fuels Association, the EPA took over 300 days to issue a proposed rule and used the delay to justify implementing the new rules for the summer of 2024 instead of the summer of 2023. That, despite a Clean Air Act requirement to act within 90 days, according to the agency.
Last April, Governor Kim Reynolds and seven other governors notified the EPA of their decision to exercise their Clean Air Act authority to allow year-round E15 sales. EPA recently issued a proposed rule that approves the decision but delays the effective date to 2024.
Iowa Renewable Fuels Association Executive Director Monte Shaw says in the release that the Biden Administration claims they must hold the petroleum refiners harmless by giving them more time to comply. He adds Iowans should not have to pay at the pump for the tardiness of the EPA, and thinks a judge will agree.
Federal law requires a notice of “intent to sue” 60 days before a lawsuit can be filed.