WASHINGTON (Legal Newsline) – Public interest organizations allege that the National Highway Traffic and Safety Administration's (NHTSA) preemption rule that relaxes vehicle emissions standards under the Energy Policy Conservation Act (EPCA) of 1975 is invalid.
The Environmental Defense Fund and others filed a complaint Sept. 27 in the U.S. District Court for the District of Columbia against U.S. Secretary of Transportation Elaine Chao, NHTSA Acting Administrator James Owens, the U.S. Department of Transportation and others alleging abuse of discretion and exceeding statutory authority.
The suit states in August 2018, NHTSA and the EPA published proposed rulemaking regarding new motor vehicles that were finalized on Sept. 19. It is known as the One National Program rule. The rule strips California of a waiver that allowed the state to set its own emission standards that are stricter than the federal government's.
The plaintiffs allege the NHTSA did not prepare an environmental impact statement, environmental assessment or finding of no significant impact.
"Issuance of any regulation respecting preemption under EPCA is clearly and completely outside the scope of powers delegated to defendants," the plaintiffs claim in the complaint.
They also claim the defendants "cannot promulgate a regulation unless Congress has conferred such authority."
The plaintiffs seek monetary relief, an order to vacate the preemption rule and all other just relief. They are represented by Matthew Littleton and Sean Donahue of Donahue, Goldberg, Weaver & Littleton in Washington, D.C.; Vicki Patton, Peter Zalzal and Alice Henderson of The Environmental Defense Fund in Boulder, Colorado; and others.
U.S. District Court for the District of Columbia case number 1:19-CV-02907-KBJ