Plaintiffs in a major case challenging the Environmental Protection Agency’s new heavy-duty vehicle emissions standards have filed their opening brief in litigation. The new rules, finalized in March, require that 40% of work trucks and 25% of semis be zero emissions vehicles by 2032, among other restrictions. The American Petroleum Institute (API), along with other entities, raised concerns that the mandates are unworkable and urged for them to be rescinded. The court consolidated filings from API and several other similar lawsuits brought by corn growers, trucking interests, and a consortium of 25 states led by Nebraska.
Entities such as the American Lung Association, Commonwealth of Pennsylvania, District of Columbia, and Appalachian Mountain Club intervened in support of the EPA in the case. The EPA has argued that the new restrictions do not amount to a forthcoming ban on conventional big rigs. However, critics claim the aim is to phase out diesel and bio-diesel power, which could have costly implications for consumers. The plaintiffs argue that the U.S. heavy-duty vehicle industry relies primarily on diesel-powered vehicles, with very few electric big rigs currently on the road. They maintain that the administration’s ambitious goal of having 100% of all new heavy-duty vehicles sold in 2040 be zero-emission vehicles is unrealistic.
Furthermore, plaintiffs in the case argue that there is no law permitting the federal government, including the EPA, to mandate electric vehicles. They contend that the agency proceeded with its restrictions without congressional authorization. Citing a case in which the Supreme Court sided with the State of West Virginia against the EPA, the plaintiffs point out that the agency lacked the authority to regulate power plant emissions under former President Barack Obama’s Clean Power Plan. The National Corn Growers Association also criticized the EPA, stating that the agency is imposing a one-size-fits-all approach by prioritizing electric vehicles over other climate solutions like corn ethanol.
At the time of the original filing, the NCGA president emphasized that it could take decades to standardize electric vehicles on the road. In the meantime, corn-based ethanol provides a lower-carbon fuel option that saves consumers money at the pump and benefits rural economies. An EPA spokesperson declined to provide formal comment or additional information, citing pending litigation. The litigation surrounding the EPA’s heavy-duty vehicle emissions standards has sparked significant debate between industry stakeholders, environmental advocates, and regulatory agencies, highlighting the tensions between emission reduction goals and the economic impact of transitioning to zero-emission vehicles.
