Exclusive: A united front of three powerful coalitions opposing the latest EPA regulations is set to launch a court battle on Thursday on behalf of 30 petitioners.
The lawsuit seeks to overturn the EPA’s controversial and stringent new auto emissions standards that have sparked widespread debate across the country.
Three coalitions representing consumer groups, biofuel producers, and agricultural interests (including organizations such as the American Petroleum Institute (API) and the American Fuels and Petrochemical Manufacturers (AFPM)) plan to file a petition in federal court in Washington, DC, seeking to halt implementation of the new rules.
According to the Associated Press, the EPA says it could meet its regulatory goal if 56% of new car sales were electric by 2032, but that a significant increase in EV sales would be needed in the meantime.
The EPA and the White House also argued that the new standards, announced in March, do not amount to a ban on internal combustion engines, but the plaintiffs in the lawsuit argue otherwise.
Auto industry experts warn Biden’s EV mandate will limit future gasoline-powered vehicle options
Michael Buschbacher of Boyden Gray, an attorney for some of the petitioners, told Fox News Digital that Congress never authorized the EPA to “reverse engineer the electric vehicle mandate.”
“Mandatory electrification of the vehicle fleet is one of the least cost-effective decarbonization strategies. In contrast, renewable fuels are a feasible and affordable means of reducing greenhouse gas emissions and improving vehicle efficiency,” he said.
Petitioners in the lawsuit include the Clean Fuels Development Coalition, the American Chamber of Free Enterprise and 13 state corn growers associations.
Ethanol is now a common additive added to standard octane gasoline at up to 15% and is derived primarily from U.S. corn.
In documents obtained by Fox News Digital, AFPM cited the example of a pickup truck that emits 430 grams of carbon per mile to explain why it believes the EPA’s new rules are a mistake and effectively a ban on gasoline-powered vehicles.
Green governance is a new look for mercantilism, leading to global instability: experts
If the same model pickup truck is improved to emit 360 grams per mile by 2032, under new EPA rules, a car dealer would have to sell at least three electric vehicles simultaneously to meet the vehicle-wide average of 85 grams per mile requirement.
This, the group argued, “artificially limits” sales of standard pickup trucks and leads to inflated manufacturer’s suggested retail prices.
In a draft statement marking the filing of the lawsuit and obtained by Fox News Digital, API Vice President and General Counsel Ryan Myers said the bill would protect American consumers and manufacturing workers, while also safeguarding the nation’s energy security.
“[The] “The EPA has exceeded Congress’ authority with this regulation, which will remove most new gasoline-powered and conventional hybrid vehicles from the U.S. market within a decade. We look forward to defending our case in court,” Myers said.
Click here to get the FOX News app
AFPM president Chet Thompson told Fox News Digital that the EPA “went too far” by setting vehicle average standards rather than specific standards that cars and trucks must meet.
“Currently, no gasoline, diesel or conventional hybrid vehicle can meet the 85 grams per mile standard, so the EPA’s averaging scheme, which is already under contest for the 2023-2026 standards, is clearly intended to force the adoption of EVs,” he said.
But the EPA pushed back against criticism and criticism of the new standards, telling Fox News Digital that the new rules will actually give consumers more choice and save drivers money in the long run.
“By encouraging the continued development of more efficient vehicles, EPA’s standards will accelerate the adoption of technologies that reduce fuel and maintenance costs and pollution, and are projected to save Americans an average of nearly $6,000 over the life of a new model year 2032 light-duty vehicle compared to a vehicle that meets the 2026 standards,” an EPA spokesperson said.
A White House spokesperson reiterated much of the EPA’s statement in May, telling Fox News Digital that President Biden is “investing in a future made in America, by American workers, to ensure America leads in a clean energy future.”
