Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...more
In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more
March and April have been busy months for vehicle emission regulation in the U.S. On March 20 and March 29 respectively, the U.S. Environmental Protection Agency (U.S. EPA) issued a set of final emission rules setting...more
The Environmental Protection Agency announced March 20 final national pollution standards applicable to cars, light-duty trucks, and medium-duty vehicles. These standards apply to vehicles manufactured beginning in 2027. The...more
California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more
Motor carriers and equipment manufacturers are closely watching federal and California Air Resources Board (CARB) developments in the future of vehicle emissions. The headline has long been that a transition from internal...more
As we enter 2024, we once again review the most significant legislation, policy changes and regulatory actions with respect to climate change taken by California in the past year. In contrast to 2022, which brought a revamp...more
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - China may have surpassed Japan to become the world’s largest...more
Should state and local governments be concerned about California’s 2024 mandate to purchase zero emission fleet vehicles given that many of those vehicles do not yet exist? Procopio's John Lormon and Matt Abbot address...more
On April 12, 2023, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking for “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3” (the Phase 3 proposed rule or NPRM), establishing...more
On April 12, 2023, the Environmental Protection Agency (EPA) issued the notice of proposed rulemaking for “Multi-Pollutant Emission Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” (the “proposed...more
What is the significance of EPA’s March 30, 2023 Notice of Decision (pre-publication) granting two separate requests for waivers of Clean Air Act (“CAA”) preemption for California Air Resources Board (“CARB”) regulations...more
On December 20, 2022, the Environmental Protection Agency finalized regulations aimed at reducing harmful emissions from trucks, delivery vehicles, and buses. These regulations will impact vehicles manufactured after 2027 and...more
The United States Environmental Protection Agency (“EPA”) has released a document titled: 2022 EPA Automotive Trends Report Greenhouse Gas Emissions, Fuel Economy, and Technology Since 1975 (“Report”)...more
The Tel Aviv District Court recently allowed a motion to certify a class action against the Volkswagen Group and its importer in Israel, Champion Motors Ltd. The class action focuses on the Dieselgate scandal, after an...more
EPA, States, and the auto industry are again ratcheting up the battle over California’s authority to set vehicle GHG and Zero Emission Vehicles program. The Clean Air Act generally prohibits a state from adopting its own...more
On May 12, seventeen states filed a petition for review of EPA’s decision to reinstate California’s authority to set its own motor vehicle emissions standards. The petition was filed in the U.S. Court of Appeals for the D.C....more
Ohio, along with sixteen other states, sued the Environmental Protection Agency on Friday last week, over its March 14, 2022 decision to reinstate a waiver allowing the nation’s most populous state California, under its...more
This report helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Foley & Lardner’s 9th annual Automotive White Paper examines in...more
EPA recently finalized rules under the Clean Air Act (CAA) establishing federal greenhouse gas (GHG) emissions standards for passenger cars and light trucks for Model Years (MY) 2023 through 2026. The standards are designed...more
On August 5, 2021, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking (NPRM) to revise the federal greenhouse gas (GHG) emissions in model years (MY) 2022-2026. In coordination with the...more
A group of 16 Republican AGs, led by Ohio AG Dave Yost, sent a comment letter to the U.S. Environmental Protection Agency (“EPA”) urging it to not reinstate California’s waiver under the Clean Air Act, which the letter argues...more
This report helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - U.S. new light vehicles sales in May exceeded projections to reach a...more
Just over 100 days into the Biden-Harris administration, the course being charted by the government for automobile emissions and emerging automotive mobility technologies is becoming clearer. ...more
Several years into EPA’s mobile source enforcement initiative, the agency recently issued an updated enforcement policy addressing vehicle and engine tampering and aftermarket defeat devices (the “Tampering Policy”). The...more