IOWA ATTORNEY GENERAL BRENNA BIRD AND NEBRASKA ATTORNEY GENERAL MIKE HILGERS TOOK ANOTHER STEP TO CHALLENGE WHAT THEY CALL THE EPA’S ILLEGALLY DELAYED DECISION REGARDING THE SALE OF YEAR-ROUND E-15 GASOLINE.
THEY SENT AN INTENT-TO-SUE LETTER TO THE ENVIRONMENTAL PROTECTION AGENCY DEMANDING THAT THE EPA CHANGE THE PROPOSED RULE TO ALLOW FOR E-15 SALES THIS SUMMER INSTEAD OF WAITING UNTIL 2024.
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 E-15 THROUGH SUMMER MONTHS.
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 LETTER REQUESTS THAT THE EPA ISSUE A WAIVER ALLOWING SALE OF YEAR-ROUND E-15 STARTING APRIL 28, 2023.
SHOULD THE EPA FAIL TO CHANGE THE RULE’S START DATE, THE STATES HAVE RESERVED THE RIGHT TO SUE.
