Multiple Industry Stakeholders Sue EPA Over Light-And-Medium Duty Vehicle Tailpipe Emission Standards 


Last week, the Energy Marketers of America (EMA), along with the American Fuel & Petrochemical Manufacturers (AFPM), California Asphalt Pavement Association (CalAPA), California Manufacturers & Technology Association (CMTA), Consumer Energy Alliance (CEA), Domestic Energy Producers Alliance (DEPA), International Association of Machinists and Aerospace Workers, Port Arthur Lodge No. 823 (IAM), Louisiana Mid-Continent Oil & Gas Association (LMOGA), National Association of Convenience Stores (NACS), The Petroleum Alliance of Oklahoma (Petroleum Alliance), Texas Oil & Gas Association (TXOGA) and Western States Petroleum Association (WSPA)—filed a petition with the DC Circuit Court to sue the U.S. Environmental Protection Agency (EPA) over its regulation, finalized in March, that will effectively ban most new gas cars and trucks in less than eight years. Information on the underlying regulation is here.

This petition is one of three filed last week challenging EPA’s light- and medium-duty vehicle emissions standards for model years 2027-2032. The other significant suit came from American Petroleum Institute who was joined by the National Corn Growers Association, American Farm Bureau Federation and a group of six auto dealers representing sixteen brands and collectively operating dozens of dealerships in major markets across the country as co-petitioners in their lawsuit. Click here to view the API press release.

Statements from EMA and AFPM can be found below.

Energy Marketers of America (EMA)
“The EPA doesn’t have a leg to stand on where its gas car ban regulation is concerned, and we are going to make that case in court. This regulation is clearly bad for consumers as it will quickly and drastically restrict their ability to find and purchase affordable new gas cars. It’s bad for marketers of American-made liquid fuels and for U.S. energy security. And importantly, it’s also unlawful. EPA does not have authority under the law to do this.”
– Rob Underwood, President, Energy Marketers of America

American Fuel & Petrochemical Manufacturers (AFPM)
“EPA’s Light Duty Vehicle rule is unlawful and harmful to consumers, our economy and our national security. We are confident the Court will agree that Congress has not authorized EPA to effectively ban the sale of new gas and diesel cars and overhaul the U.S. economy in such a major way.
“EPA also overstepped in finalizing fleetwide average standards, rather than concrete standards that all cars and trucks must meet. Since no gas, diesel or traditional hybrid today can meet 85 grams/mile, EPA’s averaging scheme—which is already being contested for the 2023-2026 standards—is clearly meant to force EV adoption. And the choice to ignore all other vehicle lifecycle emissions, save those from the tailpipe, puts internal combustion engine vehicles at an arbitrary disadvantage.
“We support the continued drive to make our cars and trucks cleaner and more efficient, but EPA must set standards lawfully.”
– Chet Thompson, President and CEO, American Fuel & Petrochemical Manufacturers (AFPM)