DC Circuit Finds That EPA Will Have to Explain Its Rejection of Facts in Rollback of Clean Car Standards

(Sierra Club) (October 25, 2019) the U.S. Court of Appeals for the D.C Circuit confirmed that EPA cannot ignore the record of facts supporting the conclusion that the clean car standards are achievable. In January 2017, the Obama administration went through a robust mid-term evaluation for the clean car standards that confirmed that they are achievable. The DC Circuit decision today makes it clear that the mid-term review record stands and EPA is going to have to grapple with it in its rollback of the clean car standards.

This sets an impossible task for former coal lobbyist Andrew Wheeler’s EPA, which has proven to be determined to weaken the standards despite its own evidence proving they are achievable at an even lower cost than the Obama EPA had originally estimated.

In response, Joanne Spalding, Chief Climate Counsel at the Sierra Club, released the following statement:

“Today’s decision reaffirms that the Trump Administration can’t sweep facts under the rug as it attempts to roll back the clean car standards. The Obama EPA performed a detailed review of the current standards, which shows that the standards are not only well within reach but achievable at an even lower cost. We will hold the Trump Administration accountable every step of the way for ignoring the powerful technical record that supports such strong climate and consumer protections. ”

In January 2017, the Obama EPA issued its final determination on the mid-term evaluation of the appropriateness of the clean car standards for model years 2017-2025, originally established by the Obama administration in 2012. The EPA found that the standards remained appropriate and were achievable at even lower cost than initially estimated.

This decision was the culmination of a robust notice and comment process under the clean car regulations, which required EPA to issue a draft technical assessment report and a proposed determination prior to issuing its final decision. The Sierra Club and allies submitted more than 400,000 comments in support of the standards.

In August 2017, the Trump administration’s EPA proposed to reconsider the Obama EPA’s Final Determination and roll back the clean car standards, finalizing a new determination in April 2018 that failed to follow the required procedure and contradicted the extensive technical record developed by the Obama EPA. Sierra Club and its allies challenged the Trump administration’s decision in the D.C. Circuit.

Today’s decision dismisses that petition because the standards remain in effect while EPA works to finalize the rollback. In its decision, the Court stated, “The Original Determination has been withdrawn, but the evidence supporting it stands. If EPA’s rulemaking results in changes to the existing 2012 standards, it will be required to provide a reasoned explanation and cannot ignore prior factual findings and the supporting record evidence contradicting the new policy.” READ MORE