Three coalitions of industry groups are filing multiple lawsuits Thursday against the Environmental Protection Agency over its tailpipe emission standards – joining the mounting legal challenges looking to overturn the strictest federal climate regulation for passenger cars and trucks.
The lawsuits are challenging the EPA’s finalized rule that would require stricter emission standards for light- and medium-duty vehicles with model years between 2027-2032. Three separate lawsuits were filed in the D.C. Circuit Court of Appeals led by the American Petroleum Institute, the American Fuel and Petrochemical Manufacturers, and a coalition of biofuel producers. The groups are filing on behalf of 30 petitioners, encompassing U.S. energy producers and marketers, consumer groups, agricultural organizations, and auto dealers.
“Today, we are taking action to protect American consumers, U.S. manufacturing workers and our nation’s hard-won energy security from this intrusive government mandate,” API Senior Vice President and General Counsel Ryan Meyers said in a written statement. “EPA has exceeded its congressional authority with this regulation that will eliminate most new gas cars and traditional hybrids from the U.S. market in less than a decade. We look forward to making our case in court.”
The legal challenges from the trade groups are latest efforts to overturn the Biden administration’s tailpipe regulations – a contentious, but fundamental rule to the White House’s goal of electrifying the transportation fleet and combating emissions. The rule, finalized in March, aims to cut fleetwide tailpipe emissions for cars and light-duty trucks by nearly 50% compared to existing standards for model year 2026 vehicles, and 44% for medium-duty vehicles. The rule is also expected to cut greenhouse gas emissions by 7.2 billion tons through 2055.
The court filings argue the regulation exceeds EPA’s statutory authority, and is “arbitrary, capricious, an abuse of discretion, and not in accordance with law.”
The lawsuits are expected to address core legal issues, including the major questions doctrine, which says Congress should be the body to enact actions with significant economic or political impacts. Forthcoming legal briefs are also expected to argue that it’s unlawful for the EPA to set averages to regulate internal combustion engine tailpipe emissions. The trade groups contend imposing a fleetwide average, rather than specific standards that cars and trucks must meet individually, would impose a national EV mandate.
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The suits also are expected to argue that the EPA’s policy ignores lifecycle emissions of all cars on the road and discriminates against internal combustion engine vehicles.
The lawsuits pile onto other legal challenges filed by Republican attorneys general to block the rules with 25 states, led by Kentucky and West Virginia, filing in the U.S. Court of Appeals for the D.C. Circuit. The plaintiffs claimed that the EPA does not have the authority to make sweeping changes under the Clean Air Act.