Challenging U.S. EPA’s emissions rule
AFBF this month joined a federal lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) strictest emissions requirements to date for passenger cars and trucks.
The National Corn Growers Association, six auto dealers and the American Petroleum Institute are also plaintiffs in the suit, which seeks to repeal EPA’s vehicle emissions standards for model years 2027-2032. The standards would require 68% of new passenger vehicles and 43% of new medium-duty trucks and vans to be electric by 2032.
Essentially an electric vehicle mandate, those standards also represent a significant threat to demand for U.S. ethanol, biodiesel and other homegrown biofuels that can decarbonize the transportation sector.
AFBF and the other groups in their suit argue EPA exceeded its congressional authority with the regulation and rendered a decision that picks one tool for fighting climate change over others. They are asking the court to declare the final action unlawful and vacate EPA’s final action.
IFB has been closely tracking this issue at the federal level via EPA’s emissions rule and at the state level, by way of legislation proposed earlier this year in the Illinois General Assembly.
The state bill, House Bill 1634, called for the Illinois EPA to implement the motor vehicle emission standards set by the California Air Resources Board, giving an out-of-state, unelected body control over Illinois emissions.
As you’ll remember, IFB in February joined a broad coalition of industry groups opposing the legislation and the IFB State Legislative Team worked to communicate our opposition in the statehouse. Those efforts ultimately led to the bill not being called for a vote.
IFB members also made their voices heard on the U.S. EPA’s emissions rule that AFBF is now challenging in federal court. About 2,000 members responded to a July 2023 Action Request, telling EPA it was ignoring the ability of corn-ethanol and soy-based biodiesel to reduce greenhouse gas emissions in transportation more effectively than EVs.
Those comments dovetailed with comments submitted to the agency by IFB, with then-President Richard Guebert Jr. explaining to EPA how the emissions regulations also fail to recognize the disproportionate gap in electric vehicle infrastructure in rural communities.
We will continue to monitor this issue and developments with AFBF’s legal challenge, and communicate any opportunities for IFB members to engage.