Today, the Texas Public Policy Foundation announced their lawsuit against the Environmental Protection Agency, challenging their waiver grant for California’s Advanced Clean Trucks Rule. This state regulation, requiring 40 to 75 percent of all new truck sales be electric or fuel-cell vehicles by 2035, fails to meet the requirements for a waiver grant and is unconstitutional.

“EPA issued the waiver grant under an impermissible interpretation of the Clean Air Act.  Congress intended to permit waivers from federal preemption of mobile source emissions standards only if California shows ‘compelling and extraordinary circumstances’ justifying a departure from uniform national standards,” said Ted Hadzi-Antich, senior attorney for TPPF. “California did not make the required showing that its Advanced Clean Truck Rule meets that high bar.  In addition, by singling out California for special treatment, the Clean Air Act violates the doctrine of equal sovereignty among the states. We are making sure that EPA abides by the Clean Air Act and the Constitution.”

To read the Foundation’s petition, please click here.