Iowa’s Bird drops lawsuit as EPA approves summer sale of E15 in 2025

The Biden administration on Tuesday approved the year-round sale of E15 gasoline beginning in 2025. (Clark Kauffman/Iowa Capital Dispatch)

Iowa Capital Dispatch

Iowa Attorney General Brenna Bird announced what she called “a resounding victory” over the Biden administration on Tuesday as the EPA approved the year-round sale of E15 motor fuel beginning in 2025.

Bird, a Republican, said the sale of E15, a 15% ethanol blend, will provide a cheaper and cleaner option at the gas pump next summer when the new rule takes effect.

“Today’s victory is a win for families and farmers across the state,” Bird said in a written statement. “While the EPA dragged its feet, we fought back.”

In April 2022, a group of Midwest governors that included South Dakota’s Gov. Kristi Noem petitioned the Environmental Protection Agency for a rule that would allow their states to sell E15 gasoline during the summer in addition to the previously approved fall, winter and spring seasons. In August 2023, Bird and Nebraska Attorney General Mike Hilgers filed a lawsuit against the EPA, challenging the agency over its failure to act on the proposal.

On Tuesday, after the EPA announced it was approving the year-round sale of E15 beginning next year in the states that had requested it, Bird said she’d be dropping the lawsuit.

Monte Shaw of the Iowa Renewable Fuels Association said that the EPA’s decision was overdue, and he commended Reynolds and Bird for their actions.

“There is no doubt that Bird’s actions spurred the decision forward at critical moments,” he said. “We appreciate her defending the clear rights of governors under the Clean Air Act.”

In February, the South Dakota Legislature passed and Gov. Noem signed a bill that will allow gas stations to claim a fuel tax refund of up to 5 cents per gallon of E15 fuel sold.