The United States Supreme Court has agreed to hear a case that challenges whether the U.S. Environmental Protection Agency can let California impose emission standards that are stricter than those enforced by the federal government. This is the fight I have been talking about. The electric vehicle mandate versus what the people want.
The case is being brought by Ohio and 16 other Republican-led states who claim that by letting California set its own emissions standards, the federal government, or more specifically, the EPA, is allowing the state to operate as a “quasi-federal regulator” pertaining to global climate change. The California Air Resources Board has increased its power under the Obama administration.
In addition to the 17 attorneys general, the rule is also being challenged by fuel producers and sellers based on the argument that demand for their products are being hampered by California’s separate and stricter rules. The impact to the economy and jobs is larger than the media discusses.
Under the Clean Air Act of 1967, the federal government set emissions standards that California later argued were not stringent enough because of the state’s smog problem. When California subsequently enacted stricter standards, auto manufacturers balked, claiming it was prohibitively expensive to deal with unique emissions standards for each state.
The government offered a compromise, enabling states to either adhere to the federal standards or adopt their own emissions standards that were identical to those enforced in California. This was accomplished through a waiver system established by the EPA, which later became known as the "California Waiver."
The California Waiver was withdrawn during the first Trump administration, challenged by the state, and left unresolved when Biden became president, at which time the EPA reinstated the waiver allowing California to enforce stricter tailpipe standards.
In addition to Ohio, the other states participating in the lawsuit include Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, and West Virginia. No states are on track to meet Advanced Clean Cars II’s 2026 target.
Chet Thompson, AFPM President and CEO stated “We are very pleased that the United States Supreme Court has agreed to grant cert on this very important case. The drastic impacts of California’s EV mandates on consumers, national security and electricity reliability are major questions in need of immediate resolution as California and the U.S. EPA continue to stretch and abuse the limits of Congress’ Clean Air Act waiver provision. Congress did not give California special authority to regulate greenhouse gases, mandate electric vehicles or ban new gas car sales—all of which the state is attempting to do through its intentional misreading of statute. We look forward to our day in court.”
In June, AFPM and a coalition of 15 energy, agriculture and biofuel groups filed a petition for a writ of certiorari (cert petition) with the Supreme Court challenging EPA’s decision to grant a waiver to the state of California for its 2021-2025 Advanced Clean Cars I, electric vehicle sales mandate, a policy interfering with the vehicle choices available to nearly 35% of Americans directly, and many more indirectly. Now they will have their day in court.
The goal is to have the Supreme Court step in to remove and overturn the ruling. This would challenge EPA’s issuance of a federal waiver allowing California to impose its Advanced Clean Cars I EV mandate.
The “California waiver” in the Clean Air Act does not empower any one state to regulate vehicle greenhouse gas emissions, impose electric vehicle mandates or limit consumer access to internal combustion engine technology. This waiver is unconstitutional and needs to be overturned and remove CARBs power.
In addition, a coalition of two dozen states also petitioned SCOTUS to review California’s regulations. We will be watching and reporting the results of the Supreme Court case that impacts your choice of vehicles.
Video Link: https://youtu.be/8NpTpMzN_Kk
You can support me by buying me a cup of coffee. Thanks for subscribing and your support! https://www.buymeacoffee.com/laurenfix.
Looking for more automotive news? https://youtube.com/@car-smarts
Additional articles on our website https://www.CarCoachReports.com
"LAUREN FIX'S GUIDE TO LOVING YOUR CAR” Book - https://amzn.to/3ifDi3j
Total Car Score Podcast ► Hosts: Lauren Fix, Karl Brauer and Javier Mota. https://www.revolverpodcasts.com/shows/total-car-score/
_______________
Lauren Fix, The Car Coach is a nationally recognized automotive expert, media guest, journalist, author, keynote speaker and television host. A trusted car expert, Lauren provides an insider’s perspective on a wide range of automotive topics and safety issues for both the auto industry and consumers. Her analysis is honest and straightforward.