WASHINGTON DC (07/06/2023) – The Institute for Energy Research has submitted comments on the Environmental Protection Agency’s (EPA) proposed rule on multi-pollutant emissions standards for model years 2027 and later for light-duty and medium-duty vehicles.

This proposed rule on tailpipe emissions standards from the EPA is a massive overreach, using a novel application of EPA motor vehicle authorities in an attempt to force a transition in the motor vehicles market to products that align with the ideological preferences of the Biden administration.

This rule is a de facto electric vehicle mandate. Congress has not given EPA the authority to require the purchase or production of certain types of motor vehicles or outlaw the purchase or production of other types of vehicles.

Congress has not given EPA the authority to require the purchase or production of electric vehicles. EPA’s attempt to infer such power is contrary to longstanding administrative practice and contrary to recent Supreme Court precedent. Thus this rulemaking must be withdrawn and modified to fit within the motor vehicle regulatory authority granted by Congress.

Tom Pyle, president of IER, issued the following statement:

“In this rule making and the press announcements surrounding it, EPA repeatedly makes clear the intent of the rule is to expedite the transition to electric vehicles, and pollution reduction is merely an aside. But EPA’s statutory authority is to control emissions of vehicles, not to require the manufacture and sale of entirely different vehicles. Therefore, EPA is attempting to hide its illegal electric vehicle mandate behind a fleetwide average.

The Supreme Court made clear in the various cases around the Clean Power Plan, culminating with West Virginia v. EPA, that such forced shifting is a claim of new authority, and thus needs clear statutory mandate from Congress.”

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