Another day, another Texas lawsuit against the Biden Administration over regulatory overreach.
A coalition of Republican-led states is suing the Biden administration and the State of California in an attempt to prevent new electric vehicle mandates on truck owners and operators throughout the country from going into effect.
Two legal challenges were filed over the new emissions rules, Nebraska Attorney General Hilgers said in a statement on May 13.
They include a petition for review filed by a coalition of 24 states in the U.S. Court of Appeals for the D.C. Circuit which challenges the Biden administration’s new regulation setting stronger greenhouse gas emissions standards for heavy-duty vehicles.
Texas isn’t mentioned in the article, but it is in the filing:
Under 42 U.S.C. § 7607(b)(1), Federal Rule of Appellate Procedure 15, and D.C. Circuit Rule 15(a), the States of Nebraska, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming petition this Court for review of the final agency action taken by Respondents United States Environmental Protection Agency and Michael S. Regan, in his official capacity as Administrator of the United States Environmental Protection Agency, titled “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles—Phase 3,” published at 89 Fed. Reg. 29,440 (April 22, 2024). A copy of the agency action is attached to this petition.
Petitioners will show that the final rule exceeds the agency’s statutory authority and otherwise is arbitrary, capricious, an abuse of discretion, and not in accordance with law. Petitioners thus ask that this Court declare unlawful and vacate the agency’s final action.
Back to the article:
That petition lists the U.S. Environmental Protection Agency (EPA) and its administrator Michael Regan as defendants.
In the legal filing, plaintiffs argue the EPA’s rule imposing stringent tailpipe emissions standards for heavy-duty vehicles effectively forces manufacturers to produce more electric trucks and fewer internal combustion trucks.
The EPA has said the new rules, which are set to take effect for model years 2027 through 2032, are needed to help combat climate change and will help avoid up to 1 billion tons of greenhouse gas emissions over the next three decades.
However, the infrastructure needed to support such vehicles is “virtually nonexistent” and they also have shorter ranges and require longer stops, according to Mr. Hilgers.
The new regulation will also negatively impact the economy and put extra pressure on power grids, according to the lawsuit.
A separate coalition of 17 states and the Nebraska Trucking Association also filed a lawsuit in the U.S. District Court for the Eastern District of California seeking to block a package of regulations that they say are “targeting trucking fleet owners and operators.”
That lawsuit lists the EPA and the California Air Resources Board as defendants.
Plaintiffs in the lawsuit are challenging a string of California regulations called “Advanced Clean Fleets” which aims to “accelerate a large-scale reduction in tailpipe emissions focusing on zero-emissions medium- and heavy-duty vehicles,” according to the California Air Resources Boards’s (CARB) official website.
The rules would ban big rigs and buses that run on diesel from being sold in California starting in 2036.
Nebraska AG Mike Hilgers seems to be walking point on this one but, as usual, Texas is joining in another lawsuit against Biden Administration regulatory overreach.
Better to get this law thrown out now than to wait until food become unaffordable because there aren’t enough reliable trucks to deliver it…