Lawsuits Challenge EPA Rule on Heavy-Duty Truck Emissions

The Environmental Protection Agency (EPA) Building is shown in Washington on Sept. 21, 2017. (Pablo Martinez Monsivais/AP)

By    |   Tuesday, 18 June 2024 10:25 PM EDT ET

A coalition of organizations representing the petroleum, biofuel, farming, and independent trucking industries have joined in filing federal lawsuits against the Environmental Protection Agency (EPA) regarding restrictive pollution standards on heavy-duty vehicles, such as freight trucks and buses, for model years 2027 through 2032.

The complaints were filed Tuesday at the U.S. Court of Appeals for the District of Columbia on behalf of organizations charging the EPA exceeded its authority with its final rule titled "Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles, Phase 3" that was issued in March and takes effect Friday.

The rule imposes a restrictive clampdown on tailpipe emissions, where industry analysts reportedly believe that to meet the new standards, electric vehicles will need to account for two-thirds of car and light-truck sales by 2032. The regulations are seen as even more aggressive than President Joe Biden's August 2021 executive order that strived for having 50% of electric vehicle sales by 2030.

The American Fuel & Petrochemical Manufacturers (AFPM) led 12 groups in filing a complaint against the EPA. Other organizations in that suit included the Consumer Energy Alliance, the Louisiana Mid-Continent Oil & Gas Association, the Petroleum Alliance of Oklahoma, and the Texas Oil & Gas Association.

"The EPA does not have authority under the Clean Air Act to restrict Americans' access to or use of internal combustion engine technology," Rich Moskowitz, general counsel for the AFPM, said in a news release. "The Heavy Duty Vehicle (HDV) regulation finalized this spring aims to phase out trucks that run on American-made, American-grown diesel, biodiesel, renewable diesel, and renewable natural gas. Americans will pay dearly because of it.

"This policy will increase costs for consumers, dramatically strain the U.S. electric grid, contribute to more traffic and congestion on roads, undermine our energy independence, and impact every sector of the U.S. economy. EPA, quite simply, cannot do something so sweeping on its own without express legislative direction from Congress."

The other complaint was filed by the American Petroleum Institute, the American Farm Bureau Federation, the National Corn Growers Association, and the Owner-Operator Independent Drivers Association.

"Farmers rely on heavy-duty trucks to transport livestock long distances, and they choose the most efficient routes to ensure the animals in their care remain on the vehicle for as little time as possible," American Farm Bureau Federation President Zippy Duvall said in a news release. "Unfortunately, heavy-duty vehicles that are powered by batteries have short ranges and require hours to charge. Impractical regulations will extend the amount of time on the road, putting the health and safety of drivers and livestock at risk if they need to stop for long periods of time to charge."

Ryan Meyers, senior vice president and general counsel for the American Petroleum Institute, said the EPA rule will have repercussions on consumers.

"Today, we are standing up for consumers who rely on trucks to deliver the goods they use every single day," Meyers said. "The EPA is forcing a switch to technology that simply does not presently exist for these kinds of vehicles — and even if it were someday possible, it will almost certainly have consequences for your average American."

In an email to Newsmax, EPA spokesman Remmington Belford said, "Because this may become pending litigation, EPA has nothing further to add."

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A coalition of organizations representing the petroleum, biofuel, farming, and independent trucking industries have joined in filing federal lawsuits against the Environmental Protection Agency (EPA) regarding restrictive pollution standards on heavy-duty vehicles.
epa, lawsuits, greenhouse, gas, emissions, pollution, vehicles
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2024-25-18
Tuesday, 18 June 2024 10:25 PM
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