Industry Litigants Seek To Bolster ‘Mandate’ Claim In Auto GHG Case

Fuels industry groups in the wake of Sept. 14 oral arguments in their suit challenging EPA’s current vehicle greenhouse gas standards are urging judges to entertain supplemental arguments for why they believe the rule unlawfully imposes a de facto electrification mandate on the auto sector. The petitioners claim that Department of Justice (DOJ) attorneys asserted for the first time during arguments that EPA’s rule does not in practice impose such a burden on automakers, which they assert goes beyond...