API, Truckers and Agriculture Organizations File Lawsuit to Stop EPA’s Emissions Rule for New Heavy-Duty Vehicles

June 18, 2024

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(Aamerican Petroleum Institute) The American Petroleum Institute (API) today filed a lawsuit in the D.C. Circuit Court of Appeals challenging the U.S. Environmental Protection Agency’s (EPA) heavy-duty (HD) vehicle emissions standards for model years (MY) 2027-2032.

“Today, we are standing up for consumers who rely on trucks to deliver the goods they use every single day,” said API Senior Vice President and General Counsel Ryan Meyers. “The EPA is forcing a switch to technology that simply does not presently exist for these kinds of vehicles – and even if it were someday possible, it will almost certainly have consequences for your average American. This is sadly yet another example of this administration pushing unpopular policy mandates that lack statutory authority, and we look forward to holding them accountable in court.”

The Owner-Operator Independent Drivers Association, National Corn Growers Association, and American Farm Bureau Federation joined API as co-petitioners in today’s lawsuit.

“Small business truckers make up 96% of trucking and could be regulated out of existence if the EPA’s unworkable heavy-duty rule comes into effect,” said Owner-Operator Independent Drivers Association President Todd Spencer. “This rule would devastate the reliability of America’s supply chain and ultimately increase costs for consumers. Mom and pop trucking businesses would be suffocated by the sheer cost and operational challenges of effectively mandating zero emission trucks, but this administration appears intent on forcing through its deluge of misguided environmental mandates. As the voice of over 150,000 small-business truckers, we owe it to our members and every small-business trucker in America to leave no stone unturned in fighting these radical environmental policies.”

“EPA has tried to impose a one-size-fits-all approach to addressing climate change by prioritizing electric vehicles over other climate remedies like corn ethanol,” said Minnesota farmer and National Corn Growers Association President Harold Wolle. “But while it could take decades to get enough electric vehicles on the road to make a dent in GHG emissions, lower carbon fuels such as ethanol are critical and effective climate tools that are available now. Ethanol is not only critical in the climate fight, but it also saves consumers money at the pump while benefiting America’s rural economies. We look forward to making this case in court.”

“Farmers rely on heavy-duty trucks to transport livestock long distances, and they choose the most efficient routes to ensure the animals in their care remain on the vehicle for as little time as possible," said American Farm Bureau Federation President Zippy Duvall. “Unfortunately, heavy-duty vehicles that are powered by batteries have short ranges and require hours to charge. Impractical regulations will extend the amount of time on the road, putting the health and safety of drivers and livestock at risk if they need to stop for long periods of time to charge.”

In March, the Biden administration finalized new federal emissions standards for heavy-duty vehicles (including commercial vehicles). In the final rule, EPA projects that there would need to be significant deployment of zero emission vehicles (ZEV) throughout the HD fleet to meet emissions standards. For example, over 40% of vocational vehicles (work trucks) would need to be ZEVs by MY 2032. Additionally, long-haul tractors (semi-trucks), which currently have no ZEV deployment, would need to go from zero percent today to 25% of the fleet by MY 2032.

API represents all segments of America’s natural gas and oil industry, which supports nearly 11 million U.S. jobs and is backed by a growing grassroots movement of millions of Americans. Our approximately 600 members produce, process and distribute the majority of the nation’s energy, and participate in API Energy Excellence®, which is accelerating environmental and safety progress by fostering new technologies and transparent reporting. API was formed in 1919 as a standards-setting organization and has developed more than 800 standards to enhance operational and environmental safety, efficiency and sustainability. READ MORE

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Excerpt from Renewable Fuels Association: The Renewable Fuels Association and National Farmers Union filed a lawsuit Monday in the D.C. Circuit Court of Appeals challenging the U.S. Environmental Protection Agency’s recently finalized light- and medium-duty vehicle emissions standards.

RFA and NFU filed the suit because EPA clearly lacked the authority to adopt the regulation, which essentially mandates the production of battery electric vehicles while, at the same time, ignoring other technologies—like low-carbon ethanol and flex fuel vehicles—that reduce emissions from light- and medium-duty transportation.

“EPA grossly exceeded its statutory authority by finalizing regulations that effectively mandate the production of EVs, while blatantly excluding the ability of flex fuel vehicles and low-carbon, high-octane renewable fuels like ethanol to achieve significant vehicle emissions reductions,” said RFA President and CEO Geoff Cooper. “By relying on the false premise that battery electric vehicles have ‘zero emissions’ and no impact on the climate, the regulation essentially forces automakers to swiftly ramp up the production of EVs and phase out liquid-fueled vehicles that could actually deliver the same—or better—emissions reductions. America’s ethanol producers and farmers would be severely injured if EPA’s regulation were allowed to stand.”

“We are disappointed that the EPA has missed a critical opportunity to recognize the significant benefits of higher-level ethanol blends in its recent regulation,” said Rob Larew, President, National Farmers Union. "By focusing solely on battery electric vehicles, the EPA overlooks the proven advantages of ethanol, which include reducing carbon emissions, improving air quality, and increasing octane. This decision not only undermines efforts to reduce emissions but also harms America’s farmers. Ethanol is a readily available, cost-effective solution that can make an immediate impact in our fight against climate change.”

RFA and NFU filed the lawsuit separately from other challenges to ensure that ethanol producers and farmers have a strong and independent voice in the proceedings, as the EPA regulation presents numerous issues and challenges unique to the ethanol industry and the farmers who grow renewable fuel feedstocks. READ MORE

Excerpt from Fence Post: The two coalitions appeared to make the same basic point that EPA is giving an advantage to electric vehicles.

But Geoff Cooper, the president and CEO of the Renewable Fuels Association, said in an email Monday, “We expect some of our arguments will be a bit different and more nuanced, as not all liquid fuels have the same carbon impacts or will be impacted in the same way by EPA’s rules.”

We expect to focus on issues within the EPA regulations that specifically impact ethanol producers and the farmers who supply our industry, such as EPA’s failure to account for the carbon reduction benefits of high-octane mid-level ethanol blends, flex fuels like E85, and flex fuel vehicles.” READ MORE

Excerpt from Energy.AgWired.com: More than 150 members of both houses of Congress joined Rep. Randy Feenstra (R-IA) and Sen. Mike Crapo (R-ID) in a letter to Environmental Protection Agency administrator Michael Regan demanding that the Biden administration end its de facto EV mandate on trucks, tractors, buses, and semis.

“The Biden administration’s mandate that impacts all trucks, tractors, buses, and semis would strain our supply chains, hurt our farmers, harm our economy, and increase costs for every single American. On top of inflation, poor economic conditions, and other regulations, this de facto EV mandate on our truckers, manufacturers, farmers, and dealers will hike the cost of groceries, utility bills, and everyday goods that American families rely on. It’s also a deliberate attack on liquid fuels – including homegrown Iowa biofuels – that are vital to our energy, economic, and national security,” said Rep. Feenstra.

Iowa Renewable Fuels Association (IRFA) Executive Director Monte Shaw commented, “As this rule ignores cost-effective emission reductions, like biodiesel, in favor of a federal mandate for technology that is either unproven or nonexistent in this space, IRFA members applaud Rep. Feenstra for leading this effort. Nearly everything Americans touch and taste on a daily basis has spent time on a truck. We cannot afford to mess that up.” READ MORE

Excerpt from DTN Progressive Farmer: "This final rule, which encompasses heavy-duty vehicles ranging from delivery trucks and school buses to tractors and semis, would disrupt the heavy-duty truck industry by forcing the broad adoption of heavy-duty zero-emission vehicles on an extremely aggressive timeline, despite these vehicles currently being less than 1% of sales," the letter said.

The lawmakers pointed to a study that found the rule would cost nearly $1 trillion in infrastructure investment to "fully electrify the U.S. commercial fleet."

They said the cost for an electric semi-truck averages more than $400,000 while a comparable diesel Class 8 truck costs around $180,000.

"Our farmers and agricultural industry will be especially hurt by this new mandate," the letter said.

The lawmakers said there are about 3.2 million trucks including pickups operated on over 1.4 million farms and about 3.8 million tractors on over 1.5 million farms that would "see higher equipment costs and tighter margins due to this misguided rule."

The letter said the numbers do not account for the small, independent truckers, trucking companies and truck dealerships throughout the U.S. that will be affected.

"Not only would this rule harm consumers, but it would also exacerbate consolidation by effectively forcing our small trucking companies out of business that cannot afford this hasty transition to electric or hydrogen powered trucks," the lawmakers said.

"It is abundantly clear that the average American will be strapped with higher grocery prices and utility costs from this regulation. In the same report mentioned above, it estimated that utilities would need to invest $370 billion to upgrade their grid networks to meet the demands of just commercial vehicles -- this excludes estimates of how expensive it will be for the average American and utility company to meet the demands of your de facto EV mandate on light-duty, passenger vehicles."

Earlier this year a coalition of trucking industry interests, including the American Trucking Association, released a report that said it would cost nearly $1 trillion in infrastructure investment alone.

That includes about $620 billion in charging infrastructure but doesn't include actual costs for new semi-trucks. The industry report cites a new diesel Class 8 truck costs roughly $180,000 while a comparable electric-battery truck costs more than $400,000.

The lawmakers told Regan the rule will hit rural America particularly hard.

"This unaffordable and unachievable regulation will leave rural communities with grid capacity challenges and limited range versus comparable diesel vehicles," the letter said.

"When regulations are rushed and the impacts on the economy are not sufficiently considered, business closures and job losses will result. This de facto mandate does not consider the realities of the commercial zero-emission vehicle marketplace or consider the ability for small businesses in rural America to purchase and operate these vehicles."

Read the letter: https://feenstra.house.gov/media/press-releases/feenstra-crapo-lead-over-150-colleagues-demanding-epa-rescind-electric-vehicle READ MORE