The proposed rule is not only bad policy, it is also "Arbitrary and capricious" because the Clean Air Act does not authorize the EPA to force a transition to EVs.
The EPA estimates that under its new rule, nearly 70% of all new cars and trucks produced in America would be fully electric by 2032
In order to kill off gasoline-powered cars, the EPA is defining the relevant classes as vehicles of various sizes that include both gasoline- and diesel-powered vehicles as well as electric vehicles of those sizes.
The phrase "Class or classes of new motor vehicles" cannot mean just whatever the EPA wants it to mean.
Common sense dictates that the act cannot be read as authorizing the EPA to force car manufacturers to produce electric scooters instead of cars in order to comply with emissions standards for cars.
The switch from traditional cars to EVs is the definition of a major policy decision, and nowhere in the Clean Air Act does it say that Congress wanted the EPA to make the choice of where, how, and when that switch should happen.
The EPA's new proposed standards build on a 2021 EPA rule that significantly tightened emissions standards for vehicles starting with model year 2023.
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