Multistate AG Coalition Files Brief in D.C. Circuit to Support Vacating EPA Vehicle Emissions Standards

Lori Kalani, Bernard Nash
Cozen O'Connor
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  • A group of 16 AGs filed a brief in the D.C. Court of Appeals arguing that the EPA did not have the authority to promulgate substantially more stringent greenhouse gas emissions standards for vehicle carbon dioxide emissions.
  • The AGs—all Republicans—petitioned the Court to vacate the EPA’s “Revised 2023 and Later Model Year Light Duty Vehicle Greenhouse Gas Emissions Standards,” which was promulgated in December 2021, arguing that the EPA standards were unauthorized because they substantially burden the reliability of the electric grid and threaten national security without congressional authorization, evoking the “Major Questions Doctrine” recognized by the Supreme Court earlier this year in West Virginia v. EPA.
  • The AGs further argue that the standards burden the electric grid because they functionally force vehicle manufacturers to produce more electric vehicles to meet fleet-wide emissions standards, and they argue that the standards threaten national security because most materials required to produce electric vehicles come from countries such as China.

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