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The Biden administration’s electric vehicle gambit is expensive and illegal

The Biden administration’s electric vehicle gambit is expensive and illegal
The Biden administration’s electric vehicle gambit is expensive and illegal

Congress has repeatedly rejected sweeping climate change policies that would raise the price of energy. Now President Joe Biden is circumventing legislative power by forcing people to use electric vehicles. This plan would impose the most costly regulatory burden ever imposed on the public.

The vast majority of people are not in favor of phasing out and possibly banning the sale of cars with internal combustion engines. At a time of record inflation and a very expensive new and used vehicle market, these regulations are raising the cost of gas-powered cars to push people toward electric vehicles that cost an average of $18,000 more.

The opening gambit of Biden’s plan has three main elements. First, the Environmental Protection Agency has enacted new emissions standards for cars and trucks, standards that can only be met by electrifying at least 17% of the new fleet. Second, the EPA and the Department of Transportation have worked together to bless California’s re-enforcement of its separate (and illegal) greenhouse gas emissions standards and electric car mandate. Third, the Department of Transportation has established fuel economy standards that cannot be achieved without electrification and that explicitly incorporate California’s electric car quota into their “baseline.”

Manufacturers who don’t sell enough electric vehicles have to buy credits or pay fines, which raises the price of all non-electric cars. The EPA estimates that price increases will reach thousands of dollars per car.

All of this is illegal.

The Energy Policy and Conservation Act 1975 grants the Department of Transport the authority to regulate fuel economy for the entire nation and prohibits states from making laws that are even “related” to fuel economy. In addition, the law explicitly prohibits the department from “taking into account” electric vehicles in establishing these standards.

Under the Clean Air Act, Congress gave the EPA the authority to regulate pollutants from the tailpipe. California could seek permission to impose separate standards in a limited set of circumstances, given its unique topography and smog challenge. Historically, the EPA and California have not used this authority to regulate greenhouse gas emissions from cars, both because it is a stretch under the Clean Air Act and because it There is a direct and scientifically verified relationship between fuel economy and carbon emissions.

The Supreme Court ordered the EPA to change course in 2007, saying there was no reason to believe that the Department of Transportation and the EPA could not regulate harmoniously. The Obama and Trump administrations issued joint rules by both agencies trying to do just that.

But in an effort to phase out conventional vehicles, the Biden administration tried to circumvent the DOT’s ban on considering electric vehicles by asking the EPA to first publish its standards in a separate regulation, then reinstating California’s Clean Air Act “waiver” for its own standards. and electric car quota. This completely reverses the statutory system, turning it into a tool to force electrification rather than the technology-neutral, performance-based system created by Congress.

Congress should use every means possible — whether through oversight, appropriations, or legislation — to expose and rein in the power grab of the Biden administration, which is pursuing its climate change agenda without regard to the economic consequences. or the rule of law.

The most promising way to limit this overbreadth is through litigation. States like Ohio and Texas and more than a dozen trade groups are fighting the administration’s actions under the major issues doctrine. Under West Virginia c. EPA, the Supreme Court said that for agencies to change policy as dramatically, as former President Barack Obama wanted to force power plants to switch to renewable fuels, they must have clear direction from Congress.

No such clarity can be found here. And this case is even more influential.

The regulations emanating from the EPA and the Department of Transportation are the most costly in US history. They are designed to remake, not regulate, our energy systems. The courts should reject the administration’s cynical attempt to circumvent congressional prerogative.

This column first appeared in The Washington Examiner.

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. Gambit des vehicles electric the administration Biden is expensive illegal

. Biden administrations electric vehicle gambit expensive illegal

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