Lincoln -- Attorney General Mike Hilgers announces success in Nebraska’s lawsuit against the Biden Administration’s EPA, securing the freedom to sell E15 gasoline during summer months. The year-round sale of E15 will provide Nebraskans a cheaper, cleaner option at the gas pump. 

In April 2022, a bipartisan coalition of governors petitioned the EPA for a rule allowing their States to sell E15 gasoline year-round. Despite the Clean Air Act’s requiring the EPA to issue that rule within 90 days, the agency remained silent for over a year before issuing a response.

In August 2023, Nebraska Attorney General Hilgers and Iowa Attorney General Bird filed a lawsuit against the EPA. The lawsuit challenged the EPA’s inaction and sought to enforce the Clean Air Act’s requirement to allow states like Nebraska to sell E15 fuel year-round. E15 was already sold during the fall, winter, and spring months. This win ensures year-round E15 not only in Nebraska and Iowa but also in Illinois, Minnesota, Missouri, Ohio, South Dakota, and Wisconsin.

“Allowing year-round sale of E15 will reduce the cost of gasoline for consumers and avoid supply shortages. This will also benefit Nebraska’s corn farmers, ensuring they have another stable and consistent outlet for their product,” stated AG Hilgers.

The rule will allow for the sale of E15 gasoline beginning in the 2025 summer driving season. 

Read the rule here.