21 States Sue Biden Administration Over Emission Regulations
A coalition of 21 different states has banded together to sue the Biden Administration over the Department of Transportation’s (DOT) latest rules regarding truck emissions. They say that the Biden Administration has overstepped its constitutional powers.
Details
The states that are joining in this lawsuit are:
- Kentucky (Where the lawsuit is taking place)
- Alabama
- Alaska
- Arkansas
- Florida
- Idaho
- Indiana
- Iowa
- Kansas
- Mississippi
- Montana
- Nebraska
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Utah
- Virginia
- West Virginia
- Wyoming
The plaintiffs argue that Congress alone has the authority to enact greenhouse gas targets, and included a list of the injuries the states will endure by this regulation as a way to establish standing. One such example is phasing out the sale of internal combustion engines, standard in a majority of heavy-duty trucks, by 2035.
“Most Americans still drive internal combustion engine passenger cars, and America’s roads and infrastructure, including power grids, simply are not ready for the wholesale switch to electric vehicles,” the coalition says in its official filing. “Coal still provides almost 20% of electricity in the United States, and provides over half of the electricity in eight states, including several of the plaintiff states. In Kentucky, almost 70% of all electricity is generated by coal. Missouri and Wyoming both draw over 70% of their electricity from coal, and in West Virginia, coal produces almost 90% of the state’s electricity.”
Conclusion
The ultimate question at hand is whether or not the DOT has the power to regulate vehicular emissions, or if that authority belongs to other entities such as the EPA and Congress.
With how long it takes for a civil suit to go through the court system, this entire lawsuit may be dropped if, at the end of this election year, Biden is no longer president and his opponent rearranges the goals of the various executive agencies, including both the DOT and the EPA.
As with just about anything in the court system, especially cases that involve whatever presidential administration is currently in power, we will have to wait and see how this Civil Action unfolds.
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