Attorney General Raúl Labrador, along with a coalition of 23 states, has filed a brief in the U.S. Court of Appeals for the D.C. Circuit. The group seeks to prevent the Biden-Harris Administration from enforcing an electric-vehicle mandate on truck manufacturers, as part of the case Nebraska v. EPA.
In April, the Environmental Protection Agency (EPA) introduced a rule imposing strict emissions standards for heavy-duty vehicles. This rule aims to increase production of electric trucks while reducing that of internal-combustion trucks. The attorneys general argue that this mandate involves a "major question" which Congress has not explicitly authorized the EPA to decide.
"Once again, the Biden-Harris administration is superseding their constitutional authority in a short-sighted pursuit of their green agenda," stated Attorney General Labrador. "They are making laws and standards which are the sole purview of Congress. This kind of reckless rulemaking will damage our national economy, infrastructure, and resiliency."
The brief highlights that currently only 0.10% of all heavy-duty trucks sold are battery-powered. However, under the EPA's new rule, this figure would rise to 45% within less than ten years. The attorneys general warn that such a significant shift could disrupt transportation of essential goods, strain the electric grid, and lead to increased costs for consumers.
Additionally, they argue that the EPA has never before mandated manufacturers to produce heavy-duty electric vehicles and contend that this issue should be addressed by Congress and individual states rather than through federal mandates.
Joining Attorney General Labrador in this legal challenge against the Biden Administration are attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Tennessee, Texas, South Dakota, South Carolina, Utah, Virginia, West Virginia and Wyoming.