EPA reconsiders withdrawal of California’s waiver to enforce greenhouse gas standards for cars and light trucks
As directed in President Biden’s Executive Order 13990 on “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” and in response to requests by states and other stakeholders, the US Environmental Protection Agency (EPA) is seeking public input on its reconsideration of the Agency’s 2019 action titled The Safer Affordable Fuel-Efficient Vehicles Rule Part One: One National Program Rule (SAFE-1) for the purposes of rescinding the action taken by the prior administration. (Earlier post.)
The purpose of this Notice of Reconsideration is to seek comment on a number of issues in the 2019 SAFE-1 action including:
Monday, April 26, 2021
Last week, among many actions taken by the Biden-Harris Administration on Earth Day 2021, one may have flown under the proverbial radar, though it does have significant legal implications for greenhouse gas regulation and the whole-of-government(s) approach: the U.S. Department of Transportation’s (DOT) National Highway Traffic Safety Administration (NHTSA) notice proposing to repeal the preemption portions of NHTSA’s 2019 rule entitled “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” 84 Fed. Reg. 51,310 (Sept. 27, 2019) (SAFE I Rule). NHTSA, “Corporate Average Fuel Economy (CAFE) Preemption; Notice of Proposed Rulemaking (signed Apr. 24, 2021) (Proposed Rule).
DOT’s Press Release states that the move “aggressively” responds to President Biden’s January 20
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NHTSA proposes to withdraw its portions of Trump SAFE rule; enabling states to set GHG standards and ZEV mandates
The US National Highway Traffic Safety Administration (NHTSA) has proposed to withdraw its portions of the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule issued under the Trump Administration (earlier post), which, among other things, sought to preempt states, including California, from issuing their own greenhouse gas emissions standards and zero-emissions vehicle mandates.
The regulatory action proposes withdrawing NHTSA’s regulations and legal analysis regarding preemption under the Energy Policy and Conservation Act. NHTSA is seeking comment on whether the SAFE I Rule, which was finalized in 2019, fell beyond the Agency’s statutory authority by purporting to impose broad preemption requirements.
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