States Urge NHTSA To Formally Deny EPCA Power To Preempt Vehicle Rules

Led by California, a group of states and cities is urging the National Highway Traffic Safety Administration (NHTSA) to explicitly declare in an upcoming final rule that it lacks energy law authority to preempt the Golden State’s greenhouse gas and zero-emission-vehicle (ZEV) standards, rather than proposing that it “appears” to have such power. “We strongly encourage NHTSA to go further [than it did in its proposed rule] and draw the conclusion that logically follows from the proposal’s analysis: The agency...