Supreme Court’s Embrace Of This Legal Theory Means Biden’s Sweeping Electric Vehicle Plans Could Be Unconstitutional

The Daily Caller cites CEI’s Devin Watkins on the Biden administration’s new vehicle emission plan:

The EPA’s new emissions rule, which applies to vehicles between model years 2027 through 2032, builds on an earlier rule for vehicles between model years 2023 through 2026, which the Competitive Enterprise Institute is already fighting in court using the major questions doctrine.

“On the merits, EPA argues that its standards do not present a major question,” CEI wrote in its brief filed with the District of Columbia Court of Appeals. “The rule’s $300-billion price tag, political significance, and societal impact indicate otherwise.”

“This is one of the most expensive regulations ever issued by the federal government,” CEI Attorney Devin Watkins told the DCNF, referring to the earlier rule.

“They’re effectively forcing manufacturers to produce electric vehicles for the first time,” Watkins said, noting the new standards pose similar “expansion of agency authority” problems.

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