The Biden Administration announced today it will reinstate the waiver that allows California to set its own fuel economy standards. CEI experts argue it faces an uphill legal battle on appeal.
Senior fellow Marlo Lewis said:
“EPA’s reinstatement of California’s power to rig auto markets in favor of high-mpg and electric vehicles will be challenged in court and the administration deserves to lose. The law and the facts are clear. The Energy Independence and Security Act (EPCA) prohibits states from adopting or enforcing laws or regulations ‘related to’ fuel economy standards. California’s tailpipe greenhouse emission standards and zero-emission vehicle mandates directly and substantially regulate corporate average fuel economy. EPA’s action will have no discernible impacts on air quality, energy security, or climate change. It will, however, further restrict automakers’ freedom to produce the vehicles consumers want at prices they can afford.”