Denver Joins Coalition to Challenge NHTSA’s Revised Fuel Economy Standards
In a move that underscores the growing tension over environmental regulations, Denver has aligned with 26 states, counties, and cities to contest the National Highway Traffic Safety Administration’s (NHTSA) recent amendments to fuel economy standards. The coalition’s lawsuit, filed in the U.S. Court of Appeals for the First Circuit, claims that the revised rules significantly weaken the corporate average fuel economy (CAFE) standards for new passenger cars and light trucks, potentially harming consumers and the environment.
The original intent behind NHTSA’s standards was to enhance vehicle fuel efficiency, reduce consumer costs, lower gas prices by cutting fuel consumption, shield the U.S. economy from global oil shocks, and decrease pollution levels. However, the lawsuit argues that the new rule undermines these objectives by setting standards that are less stringent than what was achieved by the U.S. vehicle fleet in 2021. The coalition contends this move contradicts NHTSA’s legislative mandate to establish fuel economy standards at their “maximum feasible” level.
Denver’s recent legal actions reflect its commitment to upholding clean air standards, with Mayor Mike Johnston expressing strong opposition to the rollbacks. “These rollbacks are bad for the environment and hell on our wallets,” he stated, pointing to the financial strain on consumers caused by rising gas prices.
Since the Energy Policy and Conservation Act of 1975, NHTSA has been tasked with setting fuel economy standards that consider technological feasibility, economic practicability, and energy conservation needs. Historically, this process involved assessing the existing vehicle fleet, including electric vehicles, and determining feasible improvements. The recent rule change, however, appears to disregard the presence of electric vehicles, skewing the analysis of achievable fuel economy levels.
Critics of the rule argue that it weakens the federal fuel-economy program, leaving consumers vulnerable to volatile gas prices and ignoring the economic impact of climate change. The new analysis by NHTSA allegedly dismisses significant fuel savings and downplays potential climate-related damages, favoring fossil fuel industry gains over consumer and environmental interests. Moreover, the decision to end the CAFE credit trading program by 2028 could negatively affect the electric vehicle sector and its economic contributions.
The lawsuit also claims that NHTSA’s final rule violates both the Administrative Procedure Act and the Energy Policy and Conservation Act due to its arbitrary nature. Joining Denver in the legal challenge are Colorado Attorney General Phil Weiser and attorneys general from multiple states, including California, New York, and Washington, as well as major cities like Chicago and New York City.
Original Story at www.denvergov.org