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Midwestern states continue battle with EPA over E15 regulations

The general counsel for Growth Energy says the U.S. EPA’s delayed action on year-round E15 sales has reached a tipping point for Midwestern states.

Joe Kakesh tells Brownfield Attorneys General in Iowa and Nebraska recently filed a motion for summary judgment to urge EPA to publish regulations promptly since the agency is nearly two years behind schedule.

“Iowa and Nebraska did what they’re entitled to do,” he said, “which is to bring suit in court to force the issue of EPA’s failure to act and to get some relief from the courts on that deadline.”

In April of 2022, eight Midwestern governors asked EPA to allow E15 sales and the Clean Air Act required the agency to comply within 90 days.

Kakesh says the EPA needs to act soon so that fuel retailers have the regulatory clarity they need to make investments and expand access to E15.

“That takes a good amount of prep time to make sure that the underlying gasoline blend is in place such that it can be blended to make E15 and to lower prices for consumers and to lower the volatility of the gasoline and to lower greenhouse gas emissions.”

He says EPA is required to respond to the motion by December 20^th.