Republican AGs Urge EPA to Block CA’s Clean Fleets Regulation

Cozen O'Connor
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  • A group of 24 Republican AGs submitted comments urging the EPA to deny California’s request for a preemption waiver for its Advanced Clean Fleets Regulation, which require certain vehicle fleets to incorporate zero-emitting vehicles beginning in 2024 and require all new medium- and heavy-duty vehicle sales be zero-emitting vehicles starting in 2036.
  • The AGs argue that granting the preemption waiver under certain sections of the Clean Air Act would violate the States’ equal sovereignty, major-questions doctrine, Federal Aviation Administration Authorization Act of 1994, and dormant Commerce Clause; and that California has failed to prove the regulation satisfies the factors the EPA must consider in deciding whether to grant a waiver.
  • The AGs urge the EPA to deny California’s request for a preemption waiver.

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