Surprise EPA’s requirement that states use this faulty model was unlawfully adopted without notice and opportunity for comment.
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Kansas Attorney General Derek Schmidt and Nebraska Attorney General Jon Bruning have joined the Energy Future Coalition and the Urban Air Initiative in a lawsuit challenging the Environmental Protection Agency’s new regulations changing how ethanol emissions are monitored. The lawsuit was filed in the D.C. Circuit Court of Appeals on December 2, 2014.

The new EPA regulations, known as Moves2014, require states to measure emissions from ethanol-blended fuels in a way that predicts higher levels of pollution, according to Schmidt’s office. Furthermore, the ethanol model was adopted without the opportunity for review or public comment from states and other affected parties.