CAFE Preemption Rule
Does Federal Law Still Preempt State Standards Relating to Fuel Efficiency?
The answer may depend on what being “in effect” means.
If a tree falls in the forest but no one hears it, does it still make a sound? If a law hasn’t been formally repealed but can be violated with complete impunity, is it still in effect? This matters because federal law preempts state fuel efficiency standards if, but only if, a federal standard is “in effect.” Congress just eliminated any penalty for violating the federqal standards. Which means at best they have only a kind of ghostly existence, but no substance to speak of.
CONTINUE READINGReading the Tea Leaves: Biden’s and California’s Vehicle Regs at the D.C. Circuit
A leading environmental lawyer gives his perspective.
Transportation is now the source of 28% of U.S. greenhouse gas emissions, more than the electric power sector. The transportation sector is also a substantial source of nitrogen oxides and particulates, both of which are dangerous to human health. The Biden Administration has taken important regulatory actions bearing on these problems, with others in the …
Continue reading “Reading the Tea Leaves: Biden’s and California’s Vehicle Regs at the D.C. Circuit”
CONTINUE READINGBiden Administration Sets Stage for Action on Vehicle Greenhouse Gas Pollution
Complementary actions by NHTSA and EPA clear the way for EPA to restore California’s waiver for tailpipe GHG emissions and its EV mandate
In two complementary actions in the last week, the Biden administration has set the stage for more stringent regulation of greenhouse gas (GHG) emissions from passenger vehicles—one of the country’s single largest sources of pollution that causes climate change. Today, the Environmental Protection Agency published a notice that it would reconsider the Trump administration’s withdrawal …
Continue reading “Biden Administration Sets Stage for Action on Vehicle Greenhouse Gas Pollution”
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