After the U.S. Environmental Protection Agency in February rescinded the 2009 Endangerment Finding that ultimately led to today's greenhouse gas (GHG) emissions standards for heavy-duty trucks, a group of 24 states, the District of Columbia, the U.S. Virgin Islands, and 12 cities and counties have challenged the federal regulator in court.
The EPA rescinding the finding rolls back all three phases of those GHG emissions regulations -- the most recent of which, Phase 3, is set to begin phasing in with certain vehicles with model year 2027.
EPA’s move does not, however, impact regulations on particulate matter such as nitrogen oxides (NOx), something voices in trucking have called for.
Now the legal challengers, representing more than half the country population-wise, say EPA's move was "unlawful."
“Climate change is real, and it’s already affecting our residents and our economy,” said Massachusetts Attorney General Andrea Joy Campbell.
“When the federal government abandons the law and the science, everyday people suffer the consequences. As a mom, I want my boys -- and every child in our state -- to grow up breathing clean air and playing safely outdoors," she continued. "Massachusetts has long led the way in protecting our communities from the dangers of greenhouse gas emissions, and we are proud to stand up once again to lead this fight for our future.”
EPA has explicitly promoted consumer choice in vehicle types over climate change concerns in rescinding the Endangerment finding.
“The Endangerment Finding has been the source of 16 years of consumer choice restrictions and trillions of dollars in hidden costs for Americans,” EPA Chief Lee Zeldin said in announcing the initial move. “Referred to by some as the ‘Holy Grail’ of the ‘climate change religion,’ the Endangerment Finding is now eliminated. The Trump EPA is strictly following the letter of the law, returning common sense to policy, delivering consumer choice to Americans, and advancing the American Dream.”
The coalition of states challenging EPA disputed Zeldin's logic.
"EPA’s rescission is based on flawed interpretations of the law -- previously rejected by the Supreme Court -- that the agency lacks authority to regulate greenhouse gas emissions," the coalition wrote in a release, referencing a 2007 SCOTUS decision that "confirmed that the Clean Air Act authorizes EPA to regulate greenhouse gas emissions that endanger public health and welfare."
The coalition argued that "by eliminating all existing and future federal motor vehicle greenhouse gas emission standards, the rule violates EPA’s legal obligations, fundamental principles of administrative law, and the agency’s mission to protect public health and welfare."
For the trucking world, 2027-compliant engines have already arrived, and there's no jamming the toothpaste back in the tube just yet.
Still the Truck Engine Manufacturers Association (EMA) plans to intervene in the coming challenges to the rules.
EMA said that GHG Phase 3, which would go into effect Jan. 1, 2027, "mandates that a large and annually increasing portion of each manufacturer’s sales must be zero-emissions vehicles (ZEVs)." The group contends, however, that it can't meet that mandate unless trucking companies -- its membership's customers -- buy those trucks.
“EMA member companies have invested significant capital to successfully implement emissions standards, including the Environmental Protection Agency’s (EPA’s) GHG Phase 1 and Phase 2 rules,” said EMA President Jacqueline Gelb. “Those standards were successful because they were supported by fleet demand for technologies that met the performance demand requirements, delivered operational savings for EMA customers and successfully reduced emissions."
Yet with Phase 3, Gelb said, a "sales mandate should not be the means to shift the market to zero emission technologies,” even though OEMs have "invested tens of billions of dollars to develop and bring to market zero-emission heavy-duty vehicles."
[Related: EPA Phase 3 truck emissions rule destined to fail? Industry reactions pour in]
