26 States Sue NHTSA Over New Fuel Economy Rule
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Twenty-six states led by Kentucky and West Virginia have filed a lawsuit to block a new fuel economy rule by the National Highway Traffic Safety Administration as being part of President Joe Biden’s agenda to replace traditional vehicles on the streets with electric ones.
“The Biden administration must now leave the Beltway and come to Middle America to defend its punishing electric vehicle mandate,” Kentucky Attorney General Russell Coleman declared July 11. “Along with our AG colleagues in 25 other states, we are prepared to bring a zealous appeal to challenge this billion-dollar boondoggle to drive gas-powered cars off the road. It’s time for the Biden administration to reverse its political agenda and focus on delivering real relief for Kentucky families.”
The coalition of attorneys general is fighting NHTSA’s final June 7 rule called “Corporate Average Fuel Economy Standards for Passenger Cars and Light Trucks for Model Years 2027 and Beyond and Fuel Efficiency Standards for Heavy-Duty Pickup Trucks and Vans for Model Years 2030 and Beyond.”
The 26 states are jointly suing NHTSA, its deputy Administrator Sophie Shulman and Transportation Secretary Pete Buttigieg in their official roles.
Coleman said the Petition for Review lawsuit was filed in the U.S. Court of Appeals for the Sixth Circuit in Cincinnati after it was randomly chosen from a list of possible appellate courts in which to challenge the mandate. (The Sixth Circuit normally hears appeals from Kentucky, Michigan, Ohio and Tennessee.)
Marshall
“The Biden administration says that its new fuel-efficiency rule gives Americans ‘more choice’ and promotes ‘energy independence,’ when the truth is exactly the opposite,” Alabama Attorney General Steve Marshall said. “This is a continuation of the Biden administration’s war against American energy, and the American people are feeling the effects. With gas prices rising and new regulations piling up on manufacturers, consumers end up paying the price during a time of unprecedented inflation.”
NHTSA’s rule requires fuel economy to increase by 2% annually for passenger cars (model years 2027-2031) and light trucks (model years 2029-2031). Heavy-duty pickup truck and van fuel efficiency would increase 10% annually (model years 2030-2032) and by 8% per year for model years 2033-2035.
Gordon
Wyoming Gov. Mark Gordon said the new federal rule imposes unworkable standards that leverage the weight of the federal government to force automakers to produce EVs.
“Our federal government should not be issuing overreaching mandates that manipulate the free market. Wyoming residents drive thousands of miles each year through remote areas. They should be able to decide what vehicle technology is most suitable for their needs, not the Biden administration,” Gordon noted. He pointed to the unpopularity of EVs in Wyoming by revealing that only 1,000 EVs are registered in his state and “account for just over one-tenth of 1% of total vehicle registrations.”
NHTSA’s 1,004-page final rule states, “While consumers could pay more for new vehicles upfront, we estimate that they would save money on fuel costs over the lifetimes of those new vehicles.”
The lawsuit alleged that the final rule exceeds NHTSA’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 deputy administrator’s final action.”
This impractical transition would bypass the free market.
Oklahoma Attorney General Gentner Drummond
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Oklahoma Attorney General Gentner Drummond said the rule intends to dramatically increase the average fuel economy of passenger cars and light trucks in less than a decade as part of the administration’s “latest attempt to drive gas-powered cars off the road.”
He accused the administration of waging war on America’s oil and gas industry: “This time in the guise of an obstructive new regulation placing unreasonable standards on auto manufacturers to produce more electric vehicles. This impractical transition would bypass the free market, spike costs for families and undermine the reliability of the electric grid.”
Also Taking Legal Action …
A similar lawsuit against NHTSA for its fuel standard rule was filed June 26 in the Fifth Circuit Court of Appeals by:
• American Petroleum Institute (API)
• National Corn Growers Association
• American Farm Bureau Federation
• Texas Corn Producers Association
• Texas Farm Bureau
• Six auto dealers representing 16 brands and collectively operating dozens of dealerships in major markets nationwide
“The standards artificially force manufacturers to produce electric vehicles to meet the standards, harming agriculture and rural areas. The supply of farm vehicles that by necessity need to have internal combustion engines will be more scarce and more costly to purchase. In addition, rural America lacks a functional electric charging network,” the Texas Farm Bureau noted.
API stated that NHTSA’s final rule for passenger cars and light trucks requires passenger cars to reach 66.4 mpg by 2032 and light trucks to 46.2 mpg, an overall fleet fuel economy average of 51.4 mpg. In comparison, current standards for model years 2021-2026 require an overall average of 40.6 mpg by 2024.
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