17 States Sue EPA Over Pruitt's Decision to Weaken Auto Standards

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It didnโ€™t take long for the first legal challenges be filed against the Trump administrationโ€™s recent move to weaken automobile emissions standards. On April 3, the U.S. Environmental Protection Agency (EPA) withdrew the Obama-era decision to retain the greenhouse gas emissions standards for cars and trucks for model years 2022-2025. On Tuesday, 17 states and the District of Columbia sued the agency, challenging Administrator Scott Pruittโ€™sย decision.

The lawsuit is short and direct โ€” only 122 words, including the names of the 17 states โ€” petitioning the District of Columbia Circuit Court to review EPAโ€™s decision under the Clean Airย Act.

Pruittโ€™s decision was immediately applauded by the oil industry and car companies through the powerful Auto Alliance trade group. It was simultaneously bashed by environmental and consumersโ€™ rights groups who criticized the agency for replacing a comprehensive review by the Obama EPA with a shallow analysis that borrowed the auto industryโ€™s talkingย points.

The legal challenge is the first act in what is likely to be a lengthy, protracted legal battle, pitting states against the federal government, a battle that could grow into a war if the Trump administration follows through with its reported plan to revoke the State of Californiaโ€™s right to enact and enforce its ownย standards under the Clean Airย Act.

This first pushback in the courts was led by California Attorney General Xavier Becerra, and the states signing on represent 44 percent of the country’s population and 43 percent of all new carย sales.

California Air Resources Board chairย Mary Nichols issued a statement on the filing of the suit,ย saying:

โ€œThe standards we are fighting to protect were adopted in 2012 and don’t take effect until 2022. They were a lifeline thrown to an industry that was in trouble and desperate for stability. They were based on the best judgment of engineers about what technology could achieve. And in fact they are being achieved today, years ahead of the deadlines, because of the good work of the autoย industry.

โ€œBut now Administrator Pruitt, based on no new information or facts, wants to roll back all that progress in the name of deregulation. The final determination is just the first step, but it is intended to provide the legal basis for a decision that has already been made: to halt the progress that regulators and industry have made toward a new generation of vehicles. It does not withstand scrutiny, and it will notย stand.โ€

The statesโ€™ case against Pruittโ€™s decision was bolstered on May 1ย by a report by the Institute for Policy Integrity at NYU School of Law, which eviscerates the EPAโ€™s economic rationales for withdrawing theย standards.

โ€œEPA provided no factual basis for its decision to reverse course on emissions standards,โ€ Jeffrey Shrader, economic fellow at the Institute for Policy Integrity and a lead author of the report,ย said in a statement. โ€œThe data supporting the existing standards is robust, and it has not changed significantly since the agencyโ€™s thorough review inย 2017.โ€

The report reveals how the EPA mischaracterized or misrepresented data to come to its conclusion. Specifically, the report calls out the agencyย for:

  • Underestimating the fuel savings and fuel cost savings delivered by more efficiencyย vehicles.
  • Misrepresenting the availability and affordability of emissions-reducing technology, including underestimating the availability of electric vehicles and fuel-efficientย hybrids.
  • Claiming that the standards are not economically feasible for automakers, despite an abundance of evidence that the standards are technologically possible and economicallyย feasible.
  • Claiming that the standards will make vehicles less safe without providing any evidence at all that safety will be affected by theย standards.

Additionally, the report notes that vehicle affordability โ€œshould improve under the standards, partciularly for lower-income households.โ€ This directly contradicts the EPA‘s argument โ€” which is merely an echo of the Auto Alliance’s talking points โ€” that the emissions standards will make vehicles more expensive, and thereby dissuade people from buying newย vehicles.

The Institute for Policy Integrity researchers cite a study by Sunapse Energy Economics, that itself was cited by the EPA, which actually shows that over the past decade, the price of entry-level vehicles have remained constant, despite the increases in fuel efficiency and emissions standards. (The study does find an increase in overall prices, but those are heavily weighted towards high-end and luxury vehicles.) In other words, automakers can continue to produce affordable cars for entry-level buyers, while meeting emissionsย targets.

The timeline for the D.C. Circuit Court’s review of this lawsuit is stillย unclear.

However, the validity of this particular action by Pruitt’s EPA might be a legal sideshow if the Trump administration decides to go forward with reported plans to stall all fuel efficiency standards at 2021 levels and to detatch greenhouse gas emissions standards (governed by the EPA) from fuel efficiency standards (governed by the Department of Transportation), thereby essentially revoking California’s authority under the Clean Air Act to set its own emissionsย standards.

The legality of such a plan is suspect โ€” and would likely be tied up in the courts for years. The lawsuit filed this week is likely the first of many legal showdowns between states and the Trump administration on the issue of cleanerย cars.

Main image: EPA union rallies outside D.C. headquarters. Credit: AFGE,ย CC BYย 2.0

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Ben Jervey is a Senior Fellow for DeSmog and directs the KochvsClean.com project. He is a freelance writer, editor, and researcher, specializing in climate change and energy systems and policy. Ben is also a Research Fellow at the Institute for Energy and the Environment at Vermont Law School. He was the original Environment Editor for GOOD Magazine, and wrote a longstanding weekly column titled โ€œThe New Ideal: Building the clean energy economy of the 21st Century and avoiding the worst fates of climate change.โ€ He has also contributed regularly to National Geographic News, Grist, and OnEarth Magazine. He has published three booksโ€”on eco-friendly living in New York City, an Energy 101 primer, and, most recently, โ€œThe Electric Battery: Charging Forward to a Low Carbon Future.โ€ He graduated with a BA in Environmental Studies from Middlebury College, and earned a Masterโ€™s in Energy Regulation and Law at Vermont Law School. A bicycle enthusiast, Ben has ridden across the United States and through much ofย Europe.

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