Last April I told you for a second time not to worry about the proposed fuel economy standards (CAFE) rollbacks because even if the Trump Administration did issue lower regulations that most likely they wouldn’t be implemented and if they were, the auto manufacturers would not adhere to them.
10 Months Later the Story’s Still the Same: Trump is Irrelevant
You’ve seen that several auto companies have already indicated that regardless of whether the CAFE are reduced that they are going to meet the current California standards which are higher than the current federal standards.
And I’ve also written to you about how several major manufacturers have committed to a future that is all electric and given up doing ANY R & D on internal combustion technology Mercedes being one of them.
One of the reasons I mentioned that would hinder the rollbacks would be the legal challenges that were sure to occur. As predicted, the courts are holding the current Administration to account. According to the following press release from Sierra Club, the Administration cannot simply and arbitrarily change the regs.
“WASHINGTON, D.C. – This morning, the U.S. Court of Appeals for the D.C Circuit confirmed that EPA cannot ignore the record of facts supporting the conclusion that the clean car standards are achievable. In January 2017, the Obama administration went through a robust mid-term evaluation for the clean car standards that confirmed that they are achievable. The DC Circuit decision today makes it clear that the mid-term review record stands and EPA is going to have to grapple with it in its rollback of the clean car standards.”
| FOR IMMEDIATE RELEASE:
Friday, October 25, 2019
Contact: Larisa Manescu, larisa.manescu@sierraclub.org
DC Circuit Finds That EPA Will Have to Explain Its Rejection of Facts in Rollback of Clean Car Standards
WASHINGTON, D.C. – This morning, the U.S. Court of Appeals for the D.C Circuit confirmed that EPA cannot ignore the record of facts supporting the conclusion that the clean car standards are achievable. In January 2017, the Obama administration went through a robust mid-term evaluation for the clean car standards that confirmed that they are achievable. The DC Circuit decision today makes it clear that the mid-term review record stands and EPA is going to have to grapple with it in its rollback of the clean car standards.
This sets an impossible task for former coal lobbyist Andrew Wheeler’s EPA, which has proven to be determined to weaken the standards despite its own evidence proving they are achievable at an even lower cost than the Obama EPA had originally estimated.
In response, Joanne Spalding, Chief Climate Counsel at the Sierra Club, released the following statement:
“Today’s decision reaffirms that the Trump Administration can’t sweep facts under the rug as it attempts to roll back the clean car standards. The Obama EPA performed a detailed review of the current standards, which shows that the standards are not only well within reach but achievable at an even lower cost. We will hold the Trump Administration accountable every step of the way for ignoring the powerful technical record that supports such strong climate and consumer protections. ”
Background: In January 2017, the Obama EPA issued its final determination on the mid-term evaluation of the appropriateness of the clean car standards for model years 2017-2025, originally established by the Obama administration in 2012. The EPA found that the standards remained appropriate and were achievable at even lower cost than initially estimated.
This decision was the culmination of a robust notice and comment process under the clean car regulations, which required EPA to issue a draft technical assessment report and a proposed determination prior to issuing its final decision. The Sierra Club and allies submitted more than 400,000 comments in support of the standards.
In August 2017, the Trump administration’s EPA proposed to reconsider the Obama EPA’s Final Determination and roll back the clean car standards, finalizing a new determination in April 2018 that failed to follow the required procedure and contradicted the extensive technical record developed by the Obama EPA. Sierra Club and its allies challenged the Trump administration’s decision in the D.C. Circuit.
Today’s decision dismisses that petition because the standards remain in effect while EPA works to finalize the rollback. In its decision, the Court stated, “The Original Determination has been withdrawn, but the evidence supporting it stands. If EPA’s rulemaking results in changes to the existing 2012 standards, it will be required to provide a reasoned explanation and cannot ignore prior factual findings and the supporting record evidence contradicting the new policy.” About the Sierra Club The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3.5 million members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org. |
