By Staff Reporter |
Arizona will be fighting the Trump administration over its deregulation of motor vehicle and engine emissions.
Attorney General Kris Mayes announced her decision to sue the Environmental Protection Agency (EPA) alongside a coalition of states, counties, and cities over the agency’s decision last month to rescind the 2009 Greenhouse Gas Endangerment Finding.
The 2009 Greenhouse Gas Endangerment Finding followed the Supreme Court ruling Massachusetts v. EPA in 2007 granting the EPA authorization to regulate greenhouse gas emissions. The 2009 Greenhouse Gas Endangerment Finding resulted in emissions regulations for new motor vehicles and motor vehicle engines.
Mayes and the EPA disagree as to whether the Supreme Court’s 2007 ruling and the 2009 Greenhouse Gas Endangerment Finding were connected. Mayes maintains the decision directly gave the EPA regulatory authority, but the EPA maintains the decision merely recognized greenhouse gas emissions as air pollutants.
The EPA justified its decision based on its reading of the Clean Air Act (CAA), first established in 1965, and Supreme Court decisions overruling EPA regulations following the 2007 decision.
The EPA determined it lacked statutory authority to regulate greenhouse gas emissions for motor vehicles, specifically citing Section 202(a) of the CAA. Additionally, the EPA determined that its regulations “have not and cannot have any material impact on global climate change concerns, rendering them futile.”
According to the EPA, the 2009 Greenhouse Gas Endangerment Finding served as the legal prerequisite for the Biden administration’s push toward an electric vehicle mandate and the vehicle manufacturer industry shift toward start-stop features in cars.
As a result of the EPA’s new rule, engine and vehicle manufactures won’t be obligated to measure, control, or report greenhouse gas emissions for any highway engine and vehicle. Their action grandfathered in model years manufactured prior to the rule.
The EPA estimated the rescission amounted to “the largest deregulatory action in U.S. history,” and would save Americans over $1.3 trillion in vehicle costs. That amounts to an estimated $2,400 in savings for new cars and trucks.
The EPA issued a notice clarifying which regulations will be impacted by their new final rule. (A full regulatory impact analysis was made available here).
Mayes accused the Trump administration of rushing the rulemaking process and “blatantly disregarding the law and science.” Mayes blamed emissions for climate change, citing Arizona’s recent years of record summer heat and wildfires.
“On the day we file this lawsuit, much of Arizona is under an extreme heat warning due to an unprecedented early heatwave that has spiked temperatures over twenty degrees above normal,” said Mayes. “It is abundantly clear that greenhouse gas pollution has fueled climate change in our state and across the entire planet. The decision by the Trump administration to rescind the Endangerment Finding will only accelerate climate change. Putting the profits of the fossil fuel industry over the future of our planet is a failure of historic proportions and we will fight it with every tool we have.”
Mayes joined the lawsuit filed by the attorneys general for 22 states and D.C.: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Nevada, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin. Their lawsuit was also joined by the governor of Pennsylvania, eight cities across seven states, and four counties across three states.
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