DES MOINES, Iowa (CN) — Iowa and Nebraska sued the U.S. Environmental Protection Agency Monday, saying it has failed to act on the states’ request to add a higher percentage of ethanol to automobile gasoline.
Most gasoline sold is blended with denatured anhydrous 10% ethanol, but Congress also allows the EPA to approve waivers for states seeking to increase ethanol blends up to 15% at different times of the year to decrease air-polluting emissions.
Ethanol-blended fuel is a big issue in both Iowa and Nebraska, which grow a lot of corn that is, in turn, used to create ethanol. The higher the percentage of ethanol in fuel, the more Iowa and Nebraska corn grown and used to make the compound.
In April 2022, the governors of Iowa and Nebraska, along several other states, asked the EPA for waivers that would allow the sale of E-15 gas, which has a 15% ethanol blend, but the agency failed to act by the deadline mandated by federal law, the states say in their complaint.
“Despite the clear 90-day deadline set forth in the Clean Air Act, July 27, 2022, came and went without EPA’s promulgating the required rules,” the suit states. “After follow-up letters from governors and from a bipartisan group of Attorneys General, EPA on March 6, 2023, issued its proposed rule.”
That was nearly a year after the governors first requested the waiver and more than eight months after EPA’s deadline for approving new regulations.
“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 complaint states.
The Clean Air Act empowers states to act in a manner to best protect their air quality, the states argue in their suit.
“This is not only consistent with the Clean Air Act’s plain text and intent; it is a respectful approach to division of powers among the federal and State governments required by the Constitution,” the complaint adds.
The complaint filed in federal court in Iowa asks the court to declare that the defendants failed to perform a nondiscretionary duty under federal law by failing to promulgate regulations within 90 days of receiving requests from the governors.
Iowa Attorney General Brenna Bird and Nebraska Attorney General Michael T. Hilgers jointly filed the suit, which names Michael S.Regan, in his official capacity as administrator of the EPA, and the agency itself as defendants.
In response to Courthouse News Service’s request for comment, an EPA spokesperson said that because this is pending litigation, the agency “has no further information to add.”
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