Transportation - Climate Extra

EV Group Objects To Pausing Suit Over Not Enforcing Fuel Economy Limits

The electric vehicle (EV) sector is opposing any move to pause its lawsuit over the National Highway Traffic Safety Administration’s (NHTSA) decision to stop enforcing fuel economy standards while the agency revises them, citing immediate and ongoing harm to companies in the sector. The objection in an Oct, 27 filing in the U.S. Court of Appeals for the 1st Circuit comes amid a broader legal fight over NHTSA’s “interpretive” rule declaring that Biden officials erred in their treatment of EVs...

EPA, Truck Makers Ask Court To Deny CARB Bid To Dismiss Suit Over Rules

EPA and truck manufacturers are asking a federal court to deny the California Air Resources Board’s (CARB) bid to dismiss portions of industry’s and EPA’s challenge to the board’s 2023 Clean Truck Partnership (CTP) and several emission rules, arguing those measures pose ongoing injury to federal government sovereignty and businesses. “It is well settled that the United States’ sovereign interests are harmed when its laws are violated and when any state usurps the United States’ exclusive authority to regulate,” EPA...

CARB Unveils Plan For New Vehicle Emission, ZEV Rules Amid Trump Attacks

California Air Resources Board (CARB) officials are outlining their new rulemaking for criteria pollutant, greenhouse gas and zero-emission vehicle (ZEV) standards for model year 2031-and-beyond cars and trucks, as the board continues to fight the Trump administration’s attacks on the state’s ability to set more stringent rules than EPA. “As a result of these illegal and unconstitutional actions by the federal government, we find ourselves in . . . an enormous emissions-reduction hole,” said Chris Grundler, CARB’s deputy executive officer...

Shutdown Appears To Have Little Effect On EPA GHG Endangerment Plan

EPA is reiterating its goal of finalizing a rollback of its greenhouse gas endangerment finding and associated vehicle GHG limits by the end of this year, as multiple sources say there is little evidence that the rulemaking has been delayed yet by the ongoing government shutdown. “The agency aims to finalize the rulemaking before the end of the year,” the agency’s press office said in an Oct. 21 statement to Inside EPA ’s Climate Extra . While uncertainty persists about...

EV Sector Says Reliance Interests Should Block Interim GHG Rule Relief

A group representing companies across the electric vehicle (EV) supply chain is warning EPA not to pursue an interim final regulation (IFR) to begin rolling back vehicle greenhouse gas requirements, arguing the agency has no basis for such a move and that it would intrude upon its members’ reliance interests. The warning from the Zero Emissions Transportation Association (ZETA) is included in broader comments sent to EPA last month citing myriad concerns with a proposal to undo EPA’s GHG endangerment...

Environmentalists Press EPA To Disclose AI Use In Vehicle, GHG Rollbacks

Environmentalists are pressing for a “detailed disclosure” by EPA of any use of artificial intelligence (AI) in its rulemaking to undo its greenhouse gas endangerment finding and related vehicle standards, arguing that failure to do so violates procedural requirements and removes safeguards against error. Their call, as part of broader comments to the agency on its GHG repeal proposal, signals concern with a general EPA statement on the use of AI in rulemakings that the agency quietly posted to its...

Groups Say EPA Ignores Trillions In Harm From Ending Vehicle GHG Limits

Environmental and other groups are floating new analyses claiming that EPA’s proposed repeal of Biden-era vehicle greenhouse gas standards for vehicles ignores trillions of dollars of harms the plan would cause, part of an effort to make the case that EPA is acting arbitrarily in moving to scuttle its vehicle GHG program. The analyses are included in broader comments to the agency that claim EPA’s draft cost-benefit analysis for its plan is flawed for reasons including that it ignores the...

Court Eyes Next Steps In Fight Over EPA’s 2022 California Emissions Waiver

A federal appellate court is asking EPA and other parties to propose next steps in a long-pending suit over a 2022 EPA preemption waiver for certain California vehicle greenhouse gas standards, after the Supreme Court’s June rejection of the appellate court’s prior conclusion that liquid fuels groups lacked standing to challenge the waiver. The request by the United States Court of Appeals for the D.C. Circuit in a Sept. 29 order in State of Ohio et al v. EPA...

Truck Makers Urge ‘Major Questions’ Attack On Some Vehicle GHG Limits

Truck and engine makers are pressing EPA to rely on the major questions doctrine, rather than scuttling its underlying greenhouse gas endangerment finding, to undo “Phase 3” truck greenhouse gas standards, citing fears that a legal strategy of relying on the GHG finding gambit is too risky to provide needed regulatory relief. The suggestion in Sept. 22 formal comments highlights broader industry fears in both the truck and auto sectors that EPA’s push to rollback vehicle GHG limits in tandem...

Legal Risks Seen Growing As EPA Eyes Quick Repeal Of GHG Risk Finding

EPA’s rapid schedule for finalizing its greenhouse gas endangerment finding rescission could exacerbate the effort’s legal vulnerability, observers say, potentially further imperiling the sweeping move to deregulate GHGs that sources have already characterized as a high-risk venture. “I think some errors due to the schedule are inevitable,” a former EPA official tells Climate Extra . “The issue is whether they will be fatal or not. We can’t know that till we see the final product.” Questions about the impact of...

CARB Eases Truck Fleet Rule But Utilities Press For More Compliance Delays

The California Air Resources Board (CARB) is easing requirements under its Advanced Clean Fleets (ACF) truck regulation applying to state and local government fleets, but power and wastewater utilities are pressing for more compliance relief and credit for trucks powered by renewable natural gas, among other changes to ease their obligations. “Today’s approval of amendments to ACF -- a critical component in the state’s efforts to achieve emissions reductions for a healthier future for all residents -- keeps California advancing...

State Coalition Charges EPA Lacks Authority To Scrap Vehicle GHG Limits

A California-led coalition of Democratic states and cities is charging that EPA’s plan to scrap all vehicle greenhouse standards ignores states’ reliance interests, exceeds limited agency authority to “revise” the standards, and cannot rely on the agency’s plan to scuttle its GHG risk finding that would be “ineffective” in undoing the basis for the standards. In Sept. 22 comments , the coalition cites $1.2 trillion in avoided climate harms under the current federal GHG program over the next three decades,...

DOJ Asks Court To Dismiss California’s Suit Over CRA Waiver Repeals

The Department of Justice (DOJ) is asking a court to dismiss a suit by a California-led state coalition that claims EPA and other federal officials wrongly used the Congressional Review Act (CRA) to rescind waivers for several California vehicle pollution programs, asserting the suit is precluded in part because of a bar on judicial review in the CRA statute. “This lawsuit asks this Court to invalidate three federal statutes that received majority votes in both Houses of Congress, and that...

Automakers Seek ‘Backstop’ Vehicle GHG Standards As Regulatory Hedge

The main auto sector trade group is calling on the EPA to adopt revised vehicle greenhouse gas standards as an “alternative or backstop” to the agency’s proposal to scrap its greenhouse gas endangerment finding and related vehicle GHG limits, calling such a plan “critical if motor vehicle GHG standards are retained or reinstated in some way.” The pitch in Sept. 22 comments from the Alliance for Automotive Innovation builds on the sector’s recent push for interim relief from the standards...

8th Circuit Rejects Gradual DOE Phaseout Of EV Fuel Economy Incentive

A federal court has rejected a Department of Energy (DOE) rule that gradually phased out an incentive for electric vehicles (EVs) under fuel economy rules, delivering a victory to Republican states and liquid fuels groups that opposed Biden officials’ efforts to avoid quickly ending the incentive as the department originally proposed. However, the court decision’s on-the-ground effects remain uncertain, given aggressive moves by the Trump administration and Congress to scale back the bite of both the Department of Transportation’s (DOT)...

EPA Reg Agenda Sets Ambitious Goals For Rolling Back Climate Rules

The latest federal regulatory agenda is underscoring EPA’s plans to quickly adopt rules that scale back or entirely scuttle numerous climate programs, including the agency’s greenhouse gas endangerment finding and related vehicle GHG rules that the new agenda suggests could be finalized well before the end of the year. The Spring agenda, delayed for months as the Trump administration developed its priorities, sets a goal of finalizing the agency’s high-profile GHG endangerment finding repeal and vehicle GHG rules by September...

Automakers Seek ‘Interim’ Rule Easing Near-Term Vehicle GHG Limits

Automakers are pressing EPA for an “interim final rule” or similar quick mechanism to roll back near-term greenhouse gas limits for light- and medium-duty vehicles, seeking “near-term certainty” while the agency pursues its plan to undo its landmark climate risk finding and all vehicle GHG programs. While such an “interim” move would be sure to spark legal challenges, the industry suggestion comes as the Trump administration has pursued similar near-term relief for other sectors, including oil and gas producers. The...

EPA Warned Of Small Business Act Violation In GHG Vehicle Rule Repeal

A progressive policy advocate is arguing that EPA likely violated the Regulatory Flexibility Act (RFA) by certifying that its proposal to revoke all of the agency’s greenhouse gas vehicle rules, which it is advancing as part of a repeal of EPA’s GHG endangerment finding, would not have major effects on small entities. EPA’s claim “fundamentally misunderstands what is required of the agency under the law,” argued Center for Progressive Reform Policy Director James Goodwin during an Aug. 22 public hearing...

Environmentalists Seek More Low-Carbon Funds In Upcoming Transport Bill

Environmental groups are offering recommendations for Congress’ upcoming transportation reauthorization bill, arguing lawmakers should increase funding for programs that encourage vehicle electrification, public transit and low-carbon building materials development. However, it is unclear how much environmentalists will succeed in their push, given the Trump administration and congressional Republicans’ strong opposition to climate policies and electric vehicle (EV) efforts in particular. In recent comments on a Transportation Department (DOT) request for information (RFI) seeking to inform the legislative effort, environmental groups...

California Agency Denies Petition To Find CARB-Truck ‘Partnership’ Illegal

California’s Office of Administrative Law (OAL) is denying without explanation a trucking group’s petition claiming the state air board’s 2023 Clean Truck Partnership (CTP) with truck makers is an illegal regulation, though the agreement remains under attack by manufacturers themselves and the Trump administration. “OAL declines to accept your petition,” states the office’s Aug. 18 response to the Western States Trucking Association (WSTA). “Our decision in no way reflects on the merits of the underlying issue presented by your petition...

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