State AGs Seek to Intervene in EV Fuel Economy Case

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  • AGs from Iowa, Kentucky, Nebraska, and West Virginia—joined by the American Free Enterprise Chamber of Commerce and several corn-grower associations—have moved to intervene in a lawsuit brought by California and other states challenging NHTSA’s 2025 Interpretive Rule, which limits the agency’s authority to enforce certain electric vehicle (EV) fuel economy standards.
  • In their motion, the movants argue that the standards effectively mandate vehicles that consume no fuel, leading to harms such as reduced consumer choice, higher prices, increased road damage, strain on electric grids, and declining fuel-tax revenue. They assert a direct interest in the case and seek to preserve arguments they are advancing in related litigation in the Sixth Circuit.
  • The state movants assert that vacating the rule would impair their operations, as they own and purchase internal-combustion heavy-duty vehicles and intend to continue doing so. They claim invalidation would reduce vehicle options, increase procurement and maintenance costs for public services—such as snow removal and road repair—and impose new burdens on electric grids and infrastructure.
  • The movants argue they are entitled to intervene as of right or, alternatively, that permissive intervention is appropriate due to overlapping legal questions central to the case.
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