Many industry groups are urging the Supreme Court to review a lower court decision that effectively allowed California to push electric vehicles (EVs) into the rest of the U.S.
The plaintiffs are asking the Supreme Court to review an earlier challenge by the U.S. Court of Appeals for the D.C. Circuit to reject an earlier challenge to the Environmental Protection Agency's approval of a request by the California Air Resources Board (CARB) for stricter emissions standards than federal requirements. If the Supreme Court takes up the case and rules in favor of the plaintiffs, it could deal a serious blow to California's ability to effectively set emissions standards and mandate EVs on the rest of the country, a spokesman for one of the industry groups suggested.
“We are asking the Supreme Court to overturn the D.C. Circuit's erroneous ruling that fuel suppliers have no 'standing' to challenge EPA's illegal California exemption, and we are also asking for long-overdue clarification regarding EPA and California's authority to mandate electric vehicles,” said AFPM president and CEO Chet Thompson. “California is not a 'super state' and its Clean Air Act exemptions do not give it special power to regulate greenhouse gas emissions standards or dictate the types of car and truck powertrains that can be sold in the country. That level of authority resides with Congress.” (Related story: Biden administration considers California's latest environmental measure that could set off a chain reaction of economic pain)
Diamond Alternatives v. Environmental Protection – Writ Petition by Nick Pope On Scribd
California is unique in that it can apply for exemptions from the Clean Air Act to issue stricter auto emissions standards than the federal government. number Many states voluntarily comply with CARB standards, but as policy experts previously explained to the Daily Caller News Foundation, the trend will likely force manufacturers to either build vehicles for both CARB-compliant and non-CARB states or make their entire fleet CARB-compliant, even though many states don't want to comply with CARB policy.
“In a joint challenge by 17 states, The law raises serious constitutional concerns “The law states that only the state of California may act as a junior collegiate EPA,” the application states.simply “In sum, the exemptions and authorities asserted here are a critical part of a coordinated agency strategy to transition the nation from liquid fuel vehicles to electric vehicles.”
Groups involved in the lawsuit include the American Fuels and Petrochemicals Association (AFPM), the Federation of Domestic Energy Producers (DEPA), the National Association of Convenience Stores (NACS) and the National Energy Distributors Association (EMA). The D.C. Circuit previously rejected an appeal that sought to block CARB's exemption on the grounds that the plaintiffs lacked standing to sue.
The Supreme Court petition was filed in response to CARB'sAdvanced Clean Car I“The rules require manufacturers to gradually increase sales of EVs and zero-emission vehicles. If the Supreme Court reviews the rules and rules against the regulators, the decision will be governed by CARB's rules.”Advanced Clean Cars IIA spokesman for the groups involved in the lawsuit suggested the move could violate the Gasoline Vehicle Control Act, which bans the sale of new gasoline-powered passenger cars in the state after 2035.
Neither CARB nor the EPA immediately responded to requests for comment.
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