[co-author: Stephanie Kozol]*
Nebraska Attorney General (AG) Mike Hilgers is leading multi-state coalitions in two lawsuits aimed at challenging the Biden Administration and the State of California’s electric vehicle mandates on truck owners and operators nationwide. The lawsuits argue that these mandates exceed the constitutional and statutory authority of the federal government and California regulators.
On May 13, 2024, a coalition of 24 states filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit challenging the Environmental Protection Agency’s (EPA) new regulation of emissions from heavy-duty vehicles. The EPA’s rule sets new tailpipe emissions standards for heavy-duty vehicles, which may lead manufacturers to produce more electric trucks and fewer internal-combustion trucks. However, concerns have been raised about the current lack of infrastructure to support a widespread transition to electric trucks.
In a separate lawsuit filed in the U.S. District Court for the Eastern District of California, a coalition of 17 states and the Nebraska Trucking Association seek to block California’s Advanced Clean Fleets regulations. These regulations mandate that certain trucking fleet owners and operators phase out internal-combustion trucks and adopt electric trucks. These regulations apply to fleets that operate within California, regardless of whether they are headquartered inside or outside of the state.
The AG expressed concerns that the efforts by California and the EPA to transform the national trucking industry and supply chain infrastructure could have severe consequences. Governor Jim Pillen expressed his support for the AG’s efforts, emphasizing that Nebraska trucking companies should have the autonomy to decide how to run their businesses.
These lawsuits are part of the AG’s ongoing efforts to challenge wide-reaching environmental policies that he believes harm Nebraska consumers and companies. He has previously won lawsuits against the Biden Administration’s attempt to require states to reduce on-road CO2 emissions and the Securities and Exchange Commission’s rule requiring businesses to make climate change disclosures.
Why It Matters
The outcome of these lawsuits could have significant implications for the trucking industry and the nationwide transition to electric vehicles. If successful, the lawsuits would prevent the federal government and California from mandating the adoption of electric trucks, allowing trucking companies to make their own decisions about their fleets. The cases also highlight the ongoing tension between states’ rights and federal authority in regulating environmental issues and the economy.
*Senior Government Relations Manager
