The attorneys general of Iowa and Nebraska have filed a lawsuit (Case 4:23-cv-00284-RGE-SBJ) against the Environmental Protection Agency over their request to make E-15 gasoline available year-round. The latest round of seemingly interminable litigation came to AutoInformed’s attention today when the EPA released it today, weeks after the actual filing, the text of the lawsuit. AutoInformed opines that certain political events and Republican party food fights occurring in Iowa prompted the release. It could also be, in fairness, the summertime pace of Federal Agencies.
“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. The EPA disfavors anything that doesn’t have the word ‘electric’ in its name,” said Iowa Governor Kim Reynolds.
She has a point. Current regulations promulgated under the Clean Air Act apply a more stringent RVP [Reid Vapor Pressure, which measure the volatility of gasoline] limitation on E15 than on gasoline blended with 10% ethanol during the high ozone season from June 1 to September 15. This prevents access to E15 during the peak-driving summer months unless a waiver can be obtained.
Last year, in the tangled web of ethanol politics, eight Midwestern governors, counting Iowa and Nebraska, requested that the EPA change its regulations to make E-15 gas permanently available throughout the year. The politics of ethanol, virtually all of it corn derived and therefore benefiting big money farm lobby interests, are as tangled as it gets. Taxpayers would be better off if legislators were required to wear NASCAR-style uniforms with the patches of the organizations that are their major, err, sponsors, to put it politely in pay to play Washington where campaign contributions from special interests determine policy not national interests. This latest case is partly that, but it also raises further questions about Federal Government policy under the Biden Administration.
In the latest litigation, Iowa and Nebraska attorneys general allege that under the Clean Air Act, the EPA was required to act on the permanent E-15 waiver request within 90 days, but has not responded to it in more than a year.
“The Biden Administration has dragged its feet long enough,” said Iowa Attorney General Brenna Bird, in a statement. “Hardworking Iowans deserve a cheaper, cleaner option at the gas pump. But despite the Governors’ request, the EPA has refused to allow Iowans to buy the fuel they want.”
Complicating matters is that earlier this year, the EPA issued an emergency waiver to be sold during this summer to address market supply issues created by the war in Ukraine?
AutoInformed will await further developments – especially the EPA pleading in the case – in The United States District Court For The Southern District Of Iowa Central Division.
No matter what ethanol will remain problematic:
- Technically – it has drawbacks for some, if not many users. Corn derived versus sugarcane derived ethanol issues. Governor Reynolds supported the biofuels industry by requiring new contracts for state vehicles with diesel engines to have written support from the manufacturer to use B20 biodiesel or more on 3 December 2019.
- Politically – taxpayer subsidies or energy independence and reducing fossil fuel use. The governors that signed the original request are Kim Reynolds, Iowa; Pete Ricketts, Nebraska; JB Pritzker, Illinois; Laura Kelly, Kansas; Tim Walz, Minnesota; Doug Burgum, North Dakota; Kristi Noem, South Dakota; Tony Evers, Wisconsin.
- Legally – Federal versus State jurisdictions and international agreements or treaties.
Iowa, Nebraska Sue EPA to Sell E-15 Year Round
The attorneys general of Iowa and Nebraska have filed a lawsuit (Case 4:23-cv-00284-RGE-SBJ) against the Environmental Protection Agency over their request to make E-15 gasoline available year-round. The latest round of seemingly interminable litigation came to AutoInformed’s attention today when the EPA released it today, weeks after the actual filing, the text of the lawsuit. AutoInformed opines that certain political events and Republican party food fights occurring in Iowa prompted the release. It could also be, in fairness, the summertime pace of Federal Agencies.
“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. The EPA disfavors anything that doesn’t have the word ‘electric’ in its name,” said Iowa Governor Kim Reynolds.
She has a point. Current regulations promulgated under the Clean Air Act apply a more stringent RVP [Reid Vapor Pressure, which measure the volatility of gasoline] limitation on E15 than on gasoline blended with 10% ethanol during the high ozone season from June 1 to September 15. This prevents access to E15 during the peak-driving summer months unless a waiver can be obtained.
Last year, in the tangled web of ethanol politics, eight Midwestern governors, counting Iowa and Nebraska, requested that the EPA change its regulations to make E-15 gas permanently available throughout the year. The politics of ethanol, virtually all of it corn derived and therefore benefiting big money farm lobby interests, are as tangled as it gets. Taxpayers would be better off if legislators were required to wear NASCAR-style uniforms with the patches of the organizations that are their major, err, sponsors, to put it politely in pay to play Washington where campaign contributions from special interests determine policy not national interests. This latest case is partly that, but it also raises further questions about Federal Government policy under the Biden Administration.
In the latest litigation, Iowa and Nebraska attorneys general allege that under the Clean Air Act, the EPA was required to act on the permanent E-15 waiver request within 90 days, but has not responded to it in more than a year.
“The Biden Administration has dragged its feet long enough,” said Iowa Attorney General Brenna Bird, in a statement. “Hardworking Iowans deserve a cheaper, cleaner option at the gas pump. But despite the Governors’ request, the EPA has refused to allow Iowans to buy the fuel they want.”
Complicating matters is that earlier this year, the EPA issued an emergency waiver to be sold during this summer to address market supply issues created by the war in Ukraine?
AutoInformed will await further developments – especially the EPA pleading in the case – in The United States District Court For The Southern District Of Iowa Central Division.
No matter what ethanol will remain problematic: