Summary: The Environmental Protection Agency (EPA) and its Administrator, Michael S. Regan, are facing a lawsuit filed by the States of Iowa, Nebraska, and six other states. The lawsuit contends that the EPA neglected to establish regulations within the 90-day deadline stipulated by the Clean Air Act, following requests from the states' governors. The regulations under scrutiny relate to the volatility of gasoline additives, specifically E10 and E15. The plaintiff states assert that the EPA's inaction has led to elevated emission levels, endangering millions of residents and obstructing the states' initiatives to enhance air quality. The lawsuit also underscores the effects of ethanol waivers on gasoline blends and the EPA's management of gasoline volatility. The states had sought a waiver to permit the year-round sale of E15, a gasoline blend that emits fewer pollutants and is more cost-effective than E10. However, the EPA's postponement in issuing a definitive rule is leading to increased emissions and economic detriment to consumers who would opt for the more affordable E15 gasoline. The lawsuit alleges that the EPA's inaction constitutes a blatant violation of its non-discretionary statutory obligation, inflicting harm on the public health and welfare of the residents in the plaintiff states. The plaintiffs are demanding a judgment that declares the EPA's failure to perform a non-discretionary act or duty, an injunction compelling the EPA to promptly issue a final rule, compensation for their litigation costs, and any other relief the court deems fair and appropriate. This lawsuit is part of a proposed rulemaking by the EPA under Docket ID No. EPA–HQ–OAR–2022–0513, which could potentially influence a broad spectrum of industries associated with transportation fuels. The EPA is soliciting public feedback on the proposed rule, and a virtual public hearing is slated for March 21, 2023.