Alabama Attorney General Steve Marshall has joined a coalition of 24 states in submitting a comment letter urging the Environmental Protection Agency (EPA) to deny California's waiver request for its "Advanced Clean Fleets" regulation. This new rule seeks to mandate electric trucks for fleet owners, operators, and manufacturers, including those who operate in California even minimally.
The coalition contends that the EPA should not permit California to exceed its statutory and regulatory authority by enforcing an electric vehicle (EV) mandate that could disrupt logistics and transportation industries nationwide.
"As businesses flee California, the state is now trying to extend its tyrannical reach beyond its borders and illegally force companies across the nation to comply with its electric vehicle mandates," said Attorney General Marshall. "These policies are out of touch with consumers and companies, who will face direct and disastrous costs that will impact the economy nationwide."
Marshall emphasized the financial burden on small businesses: "There is no way that every small business that works in California can afford electric trucks, some of which cost $400,000, not to mention the cost to install charging stations and the costs of maintenance. The EPA must recognize the tremendous strain this regulation will have on our supply chain and, most importantly, on the already stressed personal finances of everyday Americans."
Under the Clean Air Act, only the federal government can set emissions standards for vehicles. After California requested a waiver from the EPA to enforce "Advanced Clean Fleets," public comments were solicited. The 24-state coalition argues that granting such a waiver would be unconstitutional as it would allow California to regulate motor vehicles uniquely compared to other states. Additionally, they assert that federal law does not permit either California or the EPA to ban internal-combustion vehicles entirely.
Given California's significant population and key role in international trade through its ports, allowing enforcement of Advanced Clean Fleets could severely impact the national supply chain.
Previously, Alabama participated in a multi-state lawsuit led by Nebraska seeking to block California’s regulation; this litigation continues in the U.S. District Court for the Eastern District of California.
Attorneys general from Nebraska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma South Carolina South Dakota Tennessee Texas Utah Virginia West Virginia Wyoming joined Attorney General Marshall in submitting comments to the EPA.