Iowa, Nebraska sue EPA over decision on gasoline

Iowa Attorney General Brenna Bird declared Monday that the Biden administration should stop "dragging its feet" on a decision on whether to allow states to sell gas with 15% ethanol year-round.

The governors of Iowa, Nebraska and six other states sent a letter to the Environmental Protection Division in April 2022 asking the agency to allow the sale of E-15 in the summer, when it is restricted. The gasoline blend can be used in all cars sold after 2001 and is cheaper, said Bird and Nebraska Attorney General Mike Hilgers in a lawsuit filed Monday.

The EPA should have issued a response in July 2022, according to the lawsuit.

“Hardworking Iowans deserve a cheaper, cleaner option at the gas pump," Bird said in a statement. "But despite the Governors’ request, the EPA has refused to allow Iowans to buy the fuel they want. Well, Iowans are done waiting."

Iowa Gov. Kim Reynolds said the Biden administration's goal should be energy independence.

“The EPA’s ongoing failure to act following our E15 notification more than two years ago is nothing more than a thinly veiled disguise of their disdain towards clean, renewable, American-produced ethanol," Reynolds said. "The EPA disfavors anything that doesn’t have the word 'electric' in its name."

The attorneys general are asking the court to order the EPA to make a decision by a date "no more than six months before the first day of high ozone season." The season's dates vary but usually include spring and summer months, according to the EPA.

"EPA’s failure has harmed and will harm Plaintiffs and the citizens of their states by impairing their air quality, contributing to the detriment of the health and welfare of our residents, environment, economy, and property," the plaintiffs said in the lawsuit.

The attorneys general are asking the court to rule that the EPA "failed to perform a nondiscretionary act or duty" within 90 days as required by law.

A spokesperson for the EPA said in an email to The Center Square that because the litigation is pending, the agency would have no further information.