25 States Sue EPA Over Latest Emissions Regulations

A group of Republican attorneys general from 25 states have sued the EPA with the goal of blocking the latest set of emissions regulations passed by the Biden Administration targeting cars and light trucks, which further encourages automakers to adopt EV platforms. The plaintiffs claim that the EPA does not have the authority to make such sweeping changes under the Clean Air Act.

The lawsuit, helmed by West Virginia Attorney General Patrick Morrisey and Kentucky Attorney General Russell Coleman, was filed in the U.S. Court of Appeals for the District of Columbia Circuit. This same court recently struck down a challenge to the EPA’s authority over emissions, specifically as it relates to California’s ability to set its own stricter emissions standards.

According to Reuters, this particular suit is aimed at the latest crop of emissions regulations for passenger vehicles, which were finalized by the Biden Administration back on March 20. The new rules aim to reduce nationwide tailpipe emissions by 49 percent over 2026 levels by 2032. The initial version of the rule set would’ve seen that figure at 56 percent, but it was reduced after pressure from the auto industry and auto workers alike. The rules also seek to cut greenhouse gas emissions by 7.2 billion tons through 2055. These regulations are some of the most impactful environmental policies put in place by the Biden Administration, which ran on similar promises. As a result of this rule set, the EPA states that between 35 percent and 56 percent of new vehicles sold between 2030 and 2032 will be electric. The agency states that that range is reflective of the fact that automakers will have other alternatives to reduce emissions than solely pure electric offerings.

The rule’s Republican challengers feel differently, claiming the EPA is engaged in a top-down rework of the auto industry. They argue this goes beyond the purview of the Clean Air Act. EPA chief Michael Regan has previously stated that the EPA is not attempting to mandate EV production or adoption via this stricter emissions rule.

Other states involved in the lawsuit include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Virginia, and Wyoming.

Reuters also reports that in reaction to this lawsuit, a group of 22 states, including California, New York, Michigan, and Pennsylvania, have filed a motion to intervene, citing the potential harm to their states if the EPA's new rules are thrown out. A number of large cities throughout the country have also signed on to the motion, including New York City, Los Angeles, Denver, and the District of Columbia.

This lawsuit is not related to the heavy-duty vehicle emissions regulations that were recently passed by the EPA, which targets semis, buses, and other commercial vehicles. The regulations take effect for MY2027, and should reduce greenhouse gas emissions by 1 billion tons over the next three decades. Those regulations were passed back on March 29. For now, it's up to the U.S. Court of Appeals for the District of Columbia Circuit.

via GM Authority

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