By Lauren Fix
The Supreme Court’s recent ruling on “Chevron deference” could affect federal regulations of everything from power plant emissions to electric vehicles to transmission lines.
This changes the mandate for the green new deal and electric vehicle mandates. This is a win for consumers to choose their own “independence machines” or vehicles. Now, courts will have more say in interpreting rules on everything from the EPA’s latest effort to curb power plant emissions to the Federal Energy Regulatory Commission’s orders.
Senator Ted Cruz explains what this is all about. “The Chevron decision created something that is called ‘Chevron Deference.’ Now what is Chevron Deference? It was a doctrine that said the courts will defer to federal agencies on rules and regulations so long as that rule and regulation is, quote, ‘reasonable,’” Cruz said. “What it did is it gave enormous powers to un-elected bureaucrats and Chevron, you can trace in a very direct line, the rise of the administrative state, the rise of unelected bureaucrats issuing rules that are incredibly costly to the American people, incredibly harmful to the American people, you can trace that rise to the Chevron Doctrine.” Cruz explained that the courts would refer to the ruling in handing unelected bureaucrats enormous amounts of power to regulate Americans’ lives.
The Supreme Court last week overruled Chevron, what that means now, is that it is Congress, it’s the elected members of Congress that have to make policy decisions that impact the American people, not the armies of bureaucrats who have no democratic accountability. Elected officials don’t always make the best decisions, but it’s better than someone saying the new rules are there and too bad for you!
Some of the initial rollbacks include the EPA’s rules to cut carbon emissions from power plants as well as regulations to encourage electric vehicles. There are wide-reaching implications for the oil and gas industry because it will make it more difficult for federal agencies to regulate the industry based on their interpretation of ambiguous laws.
EV regulations are facing massive changes or removal, following this ruling. These regulations could face challenges that might reach the Supreme Court as soon as this Fall. The Environmental Protection Agency (EPA)’s power plant regulations and broader climate regulations also stand on shaky ground. This shift could significantly impact the push for greener energy solutions in the United States.
The ruling adds to the already heated debates about whether the EPA has authority to regulate emissions from vehicles at all.
The Biden Administration’s strict tailpipe emissions standard has become vulnerable. They have had success watering down EPA tailpipe emissions rules in the past and some of their challenges are still pending and could be subject to the Supreme Court’s Chevron decision.
David Pettit, senior attorney for climate and energy with the Natural Resources Defense Council, predicted that critics would use the Chevron decision to launch new attacks on vehicle rules that regulate greenhouse gases.
A 26-state coalition filed a legal challenge in the U.S. Sixth Circuit Court of Appeals against the National Highway Traffic Safety Administration (NHTSA) to block the agency’s new fuel economy requirements for passenger cars and light trucks, which the agency had finalized on June 7th. The rule will require auto manufacturers to adhere to an industry-wide fleet average of approximately 50.4 miles per gallon for passenger cars and light trucks by 2031 – a move that, critics say, would force car companies to drastically increase the share of their fleets that are electric vehicles (EVs), and, in turn, would negatively impact consumer pocketbooks and American energy independence.
In addition, this is a win for the automotive aftermarket. The high court has provided increased regulatory certainty to small automotive parts businesses around the country, including specialty automotive aftermarket companies, that have been adversely impacted by federal regulatory overreach.
Could this be the end of the electric vehicle mandate? The Supreme Court ruling certainly opens the doors for the mandate to be dropped. We are not there yet; we will keep you posted as this unfolds.
Lauren Fix, The Car Coach®, is a nationally recognized automotive expert, analyst, author, and television host. A trusted car expert, Lauren provides an insider’s perspective on a wide range of automotive topics and aspects, energy, industry, consumer news, and safety issues.
Lauren is the CEO of Automotive Aspects and the Editor-in-Chief of Car Coach Reports, a global automotive news outlet. She is an automotive contributor to national and local television news shows, including Fox News, Fox Business, CNN International, The Weather Channel, Inside Edition, Local Now News, Community Digital News, and more. Lauren also co-hosts a regular show on ABC.com with Paul Brian called “His Turn – Her Turn” and hosts regular radio segments on USA Radio – DayBreak.
Lauren is honored to be inducted into the Women’s Transportation Hall of Fame and a Board Member of the Buffalo Motorcar Museum and Juror / President for the North American Car, Utility & Truck of the Year Awards.
Check her out on Twitter and Instagram @LaurenFix.
