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WASHINGTON, DC – Today, Congresswoman Debbie Dingell (D-MI) led the filing of an amicus brief in the case of Union of Concerned Scientists, et al. v. National Highway Traffic Safety Administration (NHTSA), et al., which is currently pending before the U.S. Court of Appeals for the D.C. Circuit. Dingell – along with House Energy and Commerce Chairman Frank Pallone and Senate Environment and Public Works Ranking Member Tom Carper – led 118 members, including Speaker Nancy Pelosi, and 29 senators in opposing the Trump Administration’s rescission of states’ authorities to set vehicle emission standards for greenhouse gases.

The Union of Concerned Scientists led 57 public interest groups and state and local governments in filing petitions for review of the Trump Administration’s unlawful “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule,” which rescinds states’ authority under the Clean Air Act to set vehicle emissions standards for greenhouse gases. The lawmakers argue this action not only jeopardizes public health by abandoning one of the most effective tools for fighting the climate crisis, but also runs afoul of both the Energy Policy and Conservation Act (EPCA) and the Clean Air Act by wrongly concluding that federal law preempts state vehicle greenhouse gas emission standards.

“The Administration’s rule takes us in the wrong direction for every key metric for the American auto industry—an industry that needs certainty. Additionally, it signifies a harmful reversal of our progress made under the Obama Administration and will lead to greater carbon pollution.  When the Obama standards were created, everyone was at the table, working together to make tough decisions,” said Dingell.

“We need one national program that includes year-over-year improvements in fuel economy and tailpipe emissions reduction goals, which also delivers on the twin goals of giving the industry certainty while addressing the climate crisis. This would have been achievable if we brought everyone to the table to find a solution all stakeholders could agree to. Instead, the final rule takes us in the opposite direction and only promises a future of more pollution and uncertainty.

“Around the world, countries are setting aggressive emissions and fuel economy standards for vehicles. If the United States is to be competitive, let alone maintain our status as the global leader, we have to stay at the forefront of spurring innovation of new technology, which will help us transition to the next generation of cleaner and more fuel-efficient vehicles. Consumers and automakers need policies that not only support improvements in fuel economy and lower emissions, but also support infrastructure to drive us forward,” Dingell concluded.

Lawmakers emphasized in the brief that the conclusions used in the SAFE Vehicles Rule by the Environmental Protection Agency (EPA) and NHTSA directly conflict with Congress’ intent in enacting the Energy Policy and Conservation Act and amending it in the Energy Independence and Security Act of 2007.  An examination of Congress’ actions over more than forty years shows that the Administration’s rule is wrong in its attempt to preempt state vehicle emission standards.

“NHTSA’s conclusion that state greenhouse gas emission and zero-emission vehicle standards are preempted by EPCA — and EPA’s decision to revoke California’s waiver, founded in part on that faulty determination — conflict with Congress’ express and consistent intent to ensure that states maintain the authority to regulate vehicle emissions to protect air quality and public health,” the lawmakers wrote in the brief. 

“The agencies’ conclusions directly conflict with the letter of EPCA, Congress’ intent in enacting it, and more than forty years of implementation,” continued the lawmakers. 

States representing more than half of the nation’s population and nearly 60 percent of the U.S. economy have joined the lawsuit against the Trump Administration’s efforts to strip them of the rights granted to them under the Clean Air Act.  Those states, including the District of Columbia, are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, the People of the State of Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.

Read the lawmakers’ amicus brief here.  

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