West Virginia Attorney General Patrick Morrisey joined a multistate comment letter asking the U.S. Environmental Protection Agency to maintain a federal legal block on California’s Advanced Clean Fleets regulation.
The regulation attempts to impose an electric-truck mandate on fleet owners, operators, and manufacturers—including trucking companies that drive one truck for as little as one day per year in California. The 24-state coalition argues that the EPA should not allow California to exceed its statutory and regulatory authority by implementing an electric-vehicle mandate that is sure to disrupt the Nation’s logistics and transportation industries.
“This ‘authority’ leaves California with a slice of its sovereign authority that Congress withdraws from every other state,” Attorney General Morrisey said. “This radical climate agenda the Biden-Harris administration continues to shove into hardworking Americans’ throats will cause massive job losses, increase costs and devastate the demand for liquid fuels, such as biodiesel.”
In West Virginia, the trucking industry supports 34,360 jobs—trucks transported 61% of total manufactured tonnage or 65,448 tons per day, according to the West Virginia Trucking Association.
More than 84% of communities in the state depend exclusively on trucks to move their goods.
Under the Clean Air Act, only the federal government can set emissions standards for vehicles. After California asked the EPA for a waiver to enforce Advanced Clean Fleets, the EPA solicited comments on whether to allow California to implement its regulation.
The coalition’s comment argues that granting a waiver would be unconstitutional because it would permit California to regulate motor vehicles in a way that none of the other states can.
The comment also argues that nothing in federal law permits California or the EPA to ban internal-combustion vehicles altogether. Given California’s large population and access to ports for international trade, should the EPA allow Advanced Clean Fleets to be enforced, the regulation will have significant nationwide effects on the supply chain.
Attorney General Morrisey joined the Nebraska-led comment letter with Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming.
Original source can be found here.