Farmers, red states ask Supreme Court to review electric vehicle mandate

Published 9:00 am Tuesday, July 16, 2024

Midwest farmers, fuel producers and 17 states petitioned the U.S. Supreme Court this month to review the Environmental Protection Agency and California’s partnership to phase out gas- and diesel-powered vehicles.

It’s the perfect case to decide whether the Founders intended for the national government to treat some states more equal than others, the states argue. “The Golden State is not the golden child,” their petition reads.

The petition stems from a lower court ruling in April that upheld one step in California’s long-range plan to require new vehicles, from passenger cars to freight trucks, to be electric or hybrid by 2036.

The Biden EPA approved the plan, reversing the stance of the Trump EPA. Global warming is particularly harmful to California because of the state’s agriculture, water shortages and wildfires, according to the EPA.

California has special status under the Clean Air Act to set tailpipe emission standards stricter than federal standards. Other states can follow the California or federal standards, but can’t set their own standards.

The U.S. Court of Appeals for the District of Columbia ruled the EPA’s approval was in line with the federal government’s authority to regulate commerce.

The Supreme Court hasn’t met to decide whether to hear the appeal. The EPA’s response is due Aug. 7.

In a brief filed with the Supreme Court, the 17-state coalition argues the appeals court erred by concluding the federal government can play favorites among states.

California’s regulations likely will set the market for the rest of the nation, according to the 17-state coalition.

“With an economy the size of India’s or the United Kingdom’s, California has an outsized influence on the American economy such that no state can avoid the economic consequences,” the petition states.

While 17 states oppose forced electrification of vehicles, 20 states, including Oregon and Washington, support EPA and California’s position. By state law, Washington automatically defaults to California’s tailpipe standards.

Ohio leads the 17-state coalition. The other states are Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah and West Virginia.

The D.C. Circuit Court has yet to rule on a related case that challenges separate Biden EPA rules requiring automakers to increase electric vehicle sales nationwide.

The EPA and California have a coordinated strategy to convert the nation from liquid-fueled to electric vehicles, allege Midwest corn and soybean farmers, who grow crops for biofuels.

The Supreme Court should finally rule whether the EPA can let California use its special status under the Clean Air Act, granted decades ago to battle L.A. smog, to fight global warming, according to the petitioners.

Lawsuits are pending in the D.C. Circuit Court challenging a California Air Resources Board rule that will require automakers to increase sales of electric medium- and heavy-duty trucks.

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