Biden Emissions Rules Face Lawsuit Barrage Over EV Transition
Early reactions to tailpipe emission standards that were finalized Wednesday foreshadow legal challenges, as states and industry fret rules will radically transform the vehicle market away from gas
A CCS connector charges a City of Los Angeles-owned Chevrolet Bolt electric vehicle in Los Angeles on April 6, 2021.
Biden Emissions Rules Face Lawsuit Barrage Over EV Transition
Jennifer Hijazi
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Observers say court challenges are on the way
Critics slam rules for effective EV ‘mandate’
Early reactions to tailpipe emission standards that were finalized Wednesday foreshadow legal challenges, as states and industry fret the rules will radically transform the vehicle market away from gas cars.
The final light-duty and medium-duty vehicle emission rule continues a suite of rules that target tailpipe greenhouse gas emissions. The Biden administration has existing standards on the books for model years 2023 through 2026, and this latest iteration will beef things up for new models in 2027 and beyond.
Environmental court watchers say the standards will likely be challenged in a matter of days after publication, but many insist that the rule is standing on solid enough legal ground to avoid the worst.
“This final action is going to be very legally durable,” according to Margo Oge, former director of EPA’s Office of Transportation and Air Quality from 1994 to 2012.
“EPA has really adopted the same methodology that they have used for the past 50 years, since the inception of the Clean Air Act,” Oge said.
The Environmental Protection Agency says the standards are the “strongest-ever” targeting vehicle pollution, and they were finalized with more timeline flexibility that prevents a scramble for near-term compliance.
Contested EV Shift
Regulated manufacturers have a choice on how they comply with technology standards with new models, whether they be gasoline, hybrid, or electric.
The rule’s legal strength lies in its use of well-trod emission reduction methods, along with flexibilities and plenty of pathways for companies to meet the requirements. Auto sector investments in electric vehicles also signal a synergy with EPA goals.
Still, “we’re going to see legal cases against [the rule], because the oil industry is going to fight tooth and nail any policies at the state or federal level that will diminish their product,” Oge said.
The stringent standards will require a drastic shift to electric vehicle sales by 2032, which leaves challengers balking at the prospect of nixing gas-powered vehicle engines.
“The Biden regulations will make fewer cars available for Americans and the ones that are available will be more and more expensive as carmakers attempt to comply with this illegal and illogical rule,” according to a statement from American Energy Alliance President Thomas Pyle.
Biden’s standards “will unequivocally eliminate most new gas cars,” and their “organizations are certainly prepared to challenge it in court,” American Fuel & Petrochemical Manufacturers President Chet Thompson and American Petroleum Institute President Mike Sommers said in a joint statement.
Conservative-led states that have already challenged other EPA regulations in court are also a potential source of litigation.
“As automakers slam the brakes on their EV plans, the Biden Administration’s EPA is plowing ahead with its radical green agenda to drive gas-powered cars off the road,” Kentucky Attorney General Russell Coleman said in a statement Wednesday. “The Biden Administration and its EPA need to reconnect with reality. Our office has already taken the EPA to court twice this month to stop its regulatory rampage.”
Litigation Foreshadowing
American Petroleum Institute comments submitted during rulemaking hint at potential arguments over whether the EPA is going too far in its efficiency mandates.
“EPA does not have authority to impose standards that are only achievable through the use of [battery electric vehicles] technology because there is no clear statement in the Clean Air Act authorizing EPA to mandate a shift away from internal combustion engines,” according to the comments.
Previous clean cars litigation also provides a look into the legal strategy of potential challengers. Consolidated cases against the emission rules for 2023 model years are still pending at the US Court of Appeals for the District of Columbia Circuit.
The first set of light-duty tailpipe emissions rules skirt too close to the kinds of mandated transformations that would have resulted from previous power plant regulations—which were famously curtailed in West Virginia v. EPA, industry attorneys said in September 2023 arguments.
Still, challengers aren’t likely to prevail on similar claims, according to David Doniger, the Natural Resources Defense Council’s climate and clean energy program senior strategic director.
“EPA is on well trod ground, they have been writing emission standards for 60 years almost, they have been doing them in the statewide averaging format for at least 20 plus years,” Doniger said.
To contact the reporter on this story: Jennifer Hijazi in Washington at jhijazi@bloombergindustry.com
To contact the editors responsible for this story: Maya Earls at mearls@bloomberglaw.com; Zachary Sherwood at jtaylor@bloombergindustry.com
Eliminate these agencies and fire everyone
The jury is still out about whether EVs are cleaner than ICE vehicles in the first place. I wrote about this for my substack this week: https://thejoulethief.substack.com/p/down-the-mine-shaft