Idaho Attorney General Raúl Labrador and a coalition of 23 other states filed a brief in the U.S. Court of Appeals for the D.C. Circuit to stop the Biden-Harris Administration from imposing an electric-vehicle mandate on truck manufacturers in Nebraska v. EPA. This coalition has joined the suit alongside Nebraska as petitioners to challenge the new rule.
In April, the federal Environmental and Protection Agency (EPA) published a rule imposing stringent tailpipe emissions standards for heavy-duty vehicles that effectively force manufacturers to produce more electric trucks and fewer internal-combustion trucks. The Attorneys General argued that EPA’s electric-truck mandate raises a “major question” that Congress has not clearly authorized EPA to decide.
“Once again, the Biden-Harris administration is superseding their constitutional authority in a short-sighted pursuit of their green agenda,” said Attorney General Labrador. “They are making laws and standards which are the sole purview of Congress. This kind of reckless rulemaking will damage our national economy, infrastructure, and resiliency.”
The brief points out that just one-tenth of one percent (0.10%) of all heavy-duty trucks sold today are powered by a battery, but that EPA’s rule would increase that number to 45 percent in less than a decade away. That massive shift in the nation’s trucking and logistics industries will slow down transportation of essential goods, stress the electric grid, and raise prices for Americans. The brief also argues that EPA has never before forced manufacturers to produce heavy-duty electric vehicles and that allowing the electric-truck mandate to stand would short circuit the ongoing policy debate that should be left to Congress and the States.
In addition to Attorney General Labrador, attorneys general from the following States joined the suit against the Biden Administration: Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Tennessee, Texas, South Dakota, South Carolina, Utah, Virginia, West Virginia, and Wyoming.