AG takes on EV truck mandates

In two separate lawsuits, Attorney General Gentner Drummond is pushing back against efforts by the Biden Administration and the State of California to impose electric-vehicle mandates nationwide on truck owners and operators.

A coalition of 24 states filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit to challenge the Biden Administration’s new regulation of emissions from heavy-duty vehicles. A separate coalition of 17 states filed a lawsuit in the U.S. District Court for the Eastern District of California that seeks to block a package of regulations targeting trucking fleet owners and operators.

Drummond said he is committed to fighting heavy-handed governmental coercion.

“These outrageous mandates would force massive costs on commercial trucking that, in turn, will be passed on to consumers in the form of higher prices on anything and everything,” he said.

“These initiatives would upend the free market system by forcing companies to purchase electric trucks they clearly do not want. The resulting blow to the economy would be tremendous.”

The states’ D.C. Circuit suit targets the federal Environmental and Protection Agency (EPA) rule imposing stringent tailpipe emissions standards for heavy-duty vehicles that effectively forces manufacturers to produce more electric trucks and fewer internal-combustion trucks. Right now, electric trucks — and the infrastructure needed to support them — are virtually nonexistent. They also have shorter ranges and require longer stops.

The EPA’s rule, however, would require manufacturers to produce fewer vehicles that utilize the preferred internal combustion technology.

The California suit challenges a suite of regulations in that state called Advanced Clean Fleets. Under that initiative, certain trucking fleet owners and operators are required to retire internal-combustion trucks and transition to more expensive and less efficient electric trucks. The rule applies to fleets that are headquartered outside of California if they operate within California. Given California’s large population and access to ports for international trade, this regulation will have significant nationwide effects on the supply chain.

In both lawsuits, the states will argue that the Biden Administration and California regulators have exceeded their constitutional and statutory authority in attempting to force the entire country to transition to electric trucks.

Moreover, both regulations defy reality. Electric trucks are inefficient, costly and will adversely impact Oklahomans by increasing the costs of interstate transportation, raising prices for goods, and burdening the electric power grid.

In addition to Attorney General Drummond, attorneys general from the following states joined the lawsuit against the Biden Administration: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

In addition to Drummond, attorneys general from the following states joined the suit against California regulators: Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, Utah, West Virginia, and Wyoming. Additionally, the Arizona State Legislature joined the lawsuit as well.

The litigation against the Biden Administration is available here and the California lawsuit is available here.