Numerous trade groups are asking the Supremes to review a lower court’s decision that allows California to push electric vehicles on the entire U.S.
Numerous trade associations are asking the Supreme Court to review a lower court’s decision that allowed California to push electric vehicles (EVs) on the rest of the U.S.
The coalition of plaintiffs is asking the highest court in the land to take up a review of the D.C. Circuit’s dismissal of a previous challenge against the Environmental Protection Agency’s (EPA) approval of a California Air Resource Board (CARB) request to pursue tailpipe emissions standards that are more stringent than federal requirements.
If the Supreme Court were to take the case and decide favorably for the plaintiffs, the ruling could potentially deal a serious blow to California’s de facto ability to dictate emissions standards and force EVs on the rest of the country, a spokesperson for one of the involved trade associations suggested.
“We are asking the Supreme Court to reverse the D.C. Circuit’s erroneous holding that fuel providers lack ‘standing’ to challenge EPA’s unlawful California waiver, and also to provide long overdue clarity on the authority of EPA and California to mandate electric vehicles,” said Chet Thompson, AFPM’s president and CEO.
“California is not a ‘super-state,’ its Clean Air Act carveout does not give it special privileges to regulate greenhouse gas emissions standards or dictate what types of car and truck powertrains can be sold in this country. Authority of this magnitude rests with Congress.”
California is unique in that it can apply for Clean Air Act waivers to issue vehicle emissions rules tighter than the federal government; several states have voluntarily attached themselves to CARB’s standards.
However, as policy experts have previously explained to the Daily Caller News Foundation, this dynamic is likely to essentially force manufacturers to either produce fleets for CARB-aligned states and non-CARB states or to make their entire fleets CARB-compliant even though many states do not want to adhere to CARB’s policies.
“As a concurrent challenge of 17 States explains, there are serious constitutional concerns with a statute that allows only California to act as a junior-varsity EPA,” the filing states.
“Simply put, the waiver and authority claimed here are key parts of a coordinated agency strategy to convert the nation from liquid-fuel-powered vehicles to electric vehicles.”
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