In Another Win for Koch Network, Trump Strips States' Rights to Adopt Clean Car Standards

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The Trump administration is expected to formally announce today that it is rescinding California’s authority to set greenhouse gas emission standards for automobiles. The long-anticipated move is certain to set off a legal battle, as attorneys general in states impacted by the decision have promised to take legal action against the Environmental Protection Agency (EPA) to defend their right to regulate emissions from personalย vehicles.

Currently, 14 states and the District of Columbia, serving aย population of more than 118 million, have adopted these more stringent tailpipe pollution standards in order to protect the public health of theirย communities.ย 

The action will also be celebrated by the oil industry and free-market advocacy groups that have been pressuring the White House and the federal agencies to take this unprecedented action.ย In the history of the Clean Air Act, California’s waiver has only been denied once, by the George W. Bush administration, in a decision that was immediately challenged in court and was soon reversed by President Obama’s EPA. A previously granted waiver has never been revoked orย rescinded.ย 

The EPA‘s action isn’t just legally questionable, and is being criticized for a number of other reasons, all of which are being exhaustively reported. Forย instance:

Though this move has been expected for months, not long ago, California’s waiver was considered sacrosanct, and Clean Air Act legal experts doubted that the EPA would have any authority to revoke an existing waiver. Even Mary Nichols,ย chair of the Californiaย Air Resources Board, told Desmog in April 2018,ย โ€œI don’t think they’re going toย doย that.โ€

Despite the dubious legal footing, stripping California of its right to regulate is what the Koch network has been demanding all along. As early as March 2017, then-EPA administrator Scott Pruittย wasย exploring how to withdraw this waiverย from California, and he was presumably prepped to address the issue by the head of the EPA transition team,ย Myron Ebellย of the Koch-fundedย Competitive Enterprise Institute,ย and other Koch network reps who were a part of the Trump administration’s transition teams.ย 

In March 2018, representatives from 11ย groups, eightย of which have known financial and personnel ties to the Koch network,ย sent a letter toย Pruitt asking that he revoke California’s waiver.ย The groups included theย Competitive Enterprise Institute (CEI), theย 60 Plus Association,ย Frontiers of Freedom, and theย Taxpayers Protection Alliance (TPA), part of theย network of front groupsย funded by the Koch brothers and their donor network through theย Center to Protect Patient Rightsย (now calledย American Encore), andย Freedom Partners.

Later, in May 2018,ย ย three former members of President Trumpโ€™s transition teams โ€” all of whom work or worked with Koch-funded and Koch-founded organizations โ€”ย sent the president another letter, which also argued for theย EPAย to withdraw Californiaโ€™s legislated right to set its ownย tailpipeย emissionsย standards.

As DeSmog reported at the time, that letter was signed byย Tom Pyleย of theย Institute for Energy Research (IER), Myron Ebellย of theย Competitive Enterprise Institute, and Shirley Ybarra, a former fellow at theย Reason Foundation. All three organizations have close Koch ties, and Pyle was himself a lobbyist forย Koch Industries, the petrochemical empire privately owned by billionaire brothers Charles andย Davidย Koch.ย โ€œDecisions about what kinds of cars people buy and drive should be made by the consumers themselves, not bureaucrats in Sacramento,โ€ said Pyle at theย time.ย 

In June, House Democrats opened an investigation into why the oil industry was the โ€œonly winnerโ€ in the proposed rule change,ย and asked a number of oil and gas companies, trade groups, and free-market advocacy organizations โ€” Marathon Petroleum, theย American Fuelย &ย Petrochemical Manufacturers (AFPM), theย American Legislative Exchange Council (ALEC),ย Energy4US, andย Americans for Prosperityย โ€” for information about aย โ€œtroubling, secret lobbying and social media campaign that reportedly occurred leading up to itsย release.โ€

The covert campaign was firstย exposed in a December 2018ย New York Times investigation, which described how Marathon Petroleum and theย AFPM โ€” in which Koch Industries is a particularly influential member โ€” worked with other advocacy groups to circulate letters to Congress, while AFPM deployed an unregistered, unincorporated front group calledย Energy4USย toย bundle comments from Facebook users to send to the DOT to support a rollback of theย standards.ย 

When the EPA formally makes the announcement this afternoon,ย representatives of โ€œfree-market groups that have championed the Trump administrationโ€™s rollbackโ€ are expected to be in attendance. If these groups are the same that have lobbied throughout for this revocationย of California’s waiver, then they are funded by the Koch network and Big Oil allies, those very industries who stand to benefit most from theย decision.ย 

ย 

Main image:ย Cal license plate.ย Credit:ย Ryan Greenberg,ย CCย BYNCย 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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