Democratic AGs Expand Emissions Standards Fight to Heavy-Duty Vehicles

Cozen O'Connor
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  • A group of 23 Democratic AGs and four cities have filed an unopposed motion to intervene in support of the EPA’s Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles—Phase 3 final rule (Final Rule), which adopted standards less stringent than proposed in early model years but reach equivalent or greater stringency in the final regulated years.
  • In the motion, the AGs and cities argue that they have standing and should be allowed to intervene as a matter of right or, alternatively, be granted permissive intervention to oppose a Petition for Review challenging the Final Rule.
  • The Petition was filed by a group of 24 Republican AGs, who seek to have the Final Rule vacated on the grounds that the EPA exceeded its authority, and that the emissions standards in the Final Rule are arbitrary and capricious.
  • We have previously reported on the fight between Republican and Democratic AGs over emission standards for light- and medium-duty vehicles.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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