The Competitive Enterprise Institute (CEI) today filed a petition for review with the D.C. Circuit Court of Appeals on behalf of itself, four individuals, and the Domestic Energy Producers Alliance challenging the Environmental Protection Agency’s (EPA) December 2021 vehicle emissions rule.

For the last twelve years, EPA has jointly issued automobile rules with the National Highway Transit Safety Administration (NHTSA). Only NHTSA has the authority to issue fleet-wide average automobile standards. But in its new rule, Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards, EPA attempts on its own to establish fleet-wide automobile standards with credit trading and enhanced credits for electric vehicles.

“EPA is trying to transform the motor vehicle market from gas-powered to electric vehicles by making gas-powered cars more expensive,” said CEI attorney Devin Watkins. “EPA lacks legal authority to do this. We are fighting EPA’s illegal attempt to restrict consumer choice and to threaten the livelihoods of those people and companies involved in producing energy.”

Read CEI’s petition to the DC Circuit Court of Appeals.


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