DES MOINES — On Mar 6th, Iowa Attorney General Brenna Bird and Nebraska Attorney General Mike Hilgers took another step to challenge the EPA’s illegally delayed decision regarding the sale of year-round E15 gasoline. They sent an intent-to-sue letter to the EPA demanding that the EPA change the proposed rule to allow for E15 sales this summer.

Governor Kim Reynolds led a bipartisan group of seven governors in a letter to the EPA on April 28, 2022, requesting a waiver to extend the sale of E15 through summer months. E15 gasoline is made up of 15% ethanol, causing it to emit less emissions and to save consumers money compared to E10 gasoline. E15 is already sold during fall, winter, and spring. Although federal law states that the EPA must respond to the governors within 90 days, it took nearly a year for them to do so. The EPA’s late proposed rule has an effective start date of April 28, 2024—exactly two years from when the States sent their original request. 

“The EPA needs to follow the law and make E15 gasoline available year-round,” said Attorney General Bird. “With record-high gas prices, consumers deserve relief and flexibility when paying at the pump. The EPA’s failure to respond on time not only deprives hard-working Iowans of a cheaper, cleaner option, it’s also a violation of the Clean Air Act. Iowa led the country in expanding ethanol access, and Iowa will go to Court to lead again if the law isn’t being followed.”

The letter requests that the EPA issue a waiver allowing sale of year-round E15 starting April 28, 2023. Sending the letter is a required step under federal law at least 60 days before filing a lawsuit. Should the EPA fail to change the rule’s effective start date, the States have reserved the right to sue.

Read the full intent-to-sue letter here.