States Cite NHTSA Penalty Rule In Lawsuit Over EPA Auto GHG ‘Finding’

Democratic-led states are seeking to use Trump officials’ regulatory statements against them in a pending legal challenge to a key EPA decision to weaken Obama-era vehicle greenhouse gas standards, arguing the administration in a separate rule acknowledges the agency’s decision is final and thus subject to court review. In an Aug. 7 court filing , the states alert the court to language in the preamble of a recent final rule by the National Highway Traffic Safety Administration (NHTSA) rescinding an...