Nebraska, other attorneys general challenge California regulators
LINCOLN — Nebraska and 23 other Republican-led states on Monday asked the Environmental Protection Agency to block a move by Democratic-led California to require more trucks used to transport goods to reduce carbon emissions.
Attorney General Mike Hilgers. May 13, 2024.
Nebraska Attorney General Mike Hilgers, who is leading the effort, said in a letter that California is overstepping its authority and potentially harming overseas commerce. He and other attorneys general wrote that forcing a switch from diesel fuel to electric energy could lead to higher prices for food, fuel and more consumer goods.
“California lacks the legal authority to export its electric truck mandate to the rest of the country,” the letter states. “Granting this exemption would be unconstitutional because it would allow California to regulate motor vehicles in a manner that other states cannot.”
The letter is from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nevada Signed by leaders of Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and Texas. .
Federal exemption required
California needs a federal waiver from the EPA to enforce stricter emissions standards for medium- and heavy-duty trucks because the federal Clean Air Act prohibits most states from setting separate standards without a waiver.
The Golden State has long been a leader in national vehicle emissions trends. For decades, Republican and Democratic presidential administrations and the EPA have left California to set its own standards to address air quality issues.
The Biden administration, which prioritizes fighting climate change, may be inclined to approve the change. The states have filed separate lawsuits to stop the exemption if the EPA approves it.
The attorney general said giving California leverage over fleet trucks would significantly increase logistics and business costs outside the state. They believe this would infringe upon the independent and equal sovereignty of all states.
Rural countries at risk
Hilgers, like many of his farm state counterparts, noted in the letter that biofuels are at risk of being compromised. Rural elected officials believe requiring electric vehicles won’t work in their areas because they lack charging infrastructure.
The attorneys general also believe rising costs for conventional trucking and trucking will disproportionately impact rural areas, and they say traditional trucking and trucking will be subject to zero-emission directives.
Lawyers also argue that the 1994 federal law that governs the Federal Aviation Administration prohibits states from regulating motor carriers’ prices, routes and services. The letter noted that California regulations would do so.
In its exemption application, California said it needs to regulate truck emissions to curb smog, improve air quality and public health, and meet state goals to combat climate change by shifting to alternative energy sources.
The application argued that pollutants from diesel vehicles disproportionately harm air quality in poor communities near ports and highways.
California’s Advanced Clean Fleet regulations require the state’s entire medium- and heavy-duty truck fleet to be zero-emission by 2045, and heavy-duty trucks, including those that haul goods from shipyards to rail yards, by 2035.
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