CAFE standards
Trump is Trying to Make Us Pay More for Gas
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
At a White House photo op last week, surrounded by rich auto executives and congressional Republicans, Trump delivered his latest blow to Americans’ pocketbooks by announcing a policy change that could cost us consumers up to $185 billion when filling up our tanks at the pump. If you’re scratching your head trying to recall this …
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CONTINUE READINGThe CAFE Rollback Is Audaciously, Aggressively Awful
The proposal even rolls back standards that the first Trump Administration set.
This morning I blogged about some wonky reactions to the Trump/NHTSA rollback of the CAFE standards. Now I want to step back and highlight just how truly bad the new set of standards is, based on incredibly aggressive legal interpretations. As my first post highlights, the standards are set for ten years despite statutory language …
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CONTINUE READINGSome Early Thoughts on the Dismantling of CAFE Standards
In short, the new standards are full of legal problems (and substantively awful).
It’s hard not to take personally this week’s overturning of the Biden Administration’s CAFE standards, and their replacement with standards that will, if finalized, reduce the projected average miles per gallon of the fleet from over 50 MPG to 34.5. The Biden standards were among my proudest accomplishments while serving at NHTSA (along with increasing …
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CONTINUE READINGRed States and the American Free Enterprise Chamber of Commerce are Climate Champions?
The hypocrisy in Iowa v. Wright is nauseating.
Guess which parties made the following arguments about climate change in a recently decided Eighth Circuit Court of Appeals case, Iowa v. Wright? A group of red states and the American Free Enterprise Chamber of Commerce (AMFREE). The case involves an obscure but important formula, known as the Petroleum Efficiency Factor (PEF), applied when automakers …
CONTINUE READINGDoes 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 If a law hasn’t been formally repealed but can be violated with complete impunity, is it still in effect?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 READINGSix Sleeper Proposals in Project 2025
Project 2025 isn’t just its headline proposals. It’s a thorough, detailed attack on environmental protection.
Project 2025’s proposals involve reduced protection for endangered species, eliminating energy efficiency rules, blocking new transmission lines, changing electricity regulation to favor fossil fuels, weakening air pollution rules, and encouraging sale of gas guzzlers. There’s some pious talk about protecting the environment, but every proposal calls for weakening environmental protections.
CONTINUE READINGFour EV Trends
One of these things is not like the others.
The automotive world is changing quickly. Most of the trends are mutually reinforcing. But one points in the opposite direction. The first and most obvious trend is the rise of EVs. In the twenty years since Tesla arrived, EVs have gone from 0.2% of new cars to 13%, and Bloomberg predicts that this figure will …
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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 …
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CONTINUE READINGA Celebration of Energy Efficiency?
A different perspective on a familiar holiday.
When you think about it, the Hanukkah story is, in a funny way, about a miraculous increase in energy efficiency. An energy resource (olive oil) that was supposed to supply only enough energy for one night’s worth of light was able to supply light for eight nights. That’s an eightfold improvement in energy efficiency, akin …
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CONTINUE READINGClimate Change and the Major Question Doctrine
Just because a regulation involves climate change, that doesn’t make it a major question.
Red State AGs are preparing to go to town with the West Virginia case. They seem to think that everything involving climate change automatically becomes a major question. That’s simply wrong. The doctrine is more nuanced. Recall that the Supreme Court struck down OSHA’s vaccine mandate, essentially on major questions grounds, but the majority found …
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