Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Sparks

Could Trump Scuttle the EPA’s New Car Rules?

Not no, but not yes, either.

Donald Trump.
Heatmap Illustration/Getty Images

The D.C. Armory is big enough to fit an F-150 Lightning, a hybrid Jeep Compass, and a Cadillac Lyriq, with room to spare for an elephant.

That elephant was in the room on Wednesday when Michael Regan, administrator of the Environmental Protection Agency, along with National Climate Advisor Ali Zaidi announced the Biden administration’s finalized vehicle emissions standards, flanked onstage by plugged-in models from GM, Ford, and Stellantis. That element is the invisible, though nevertheless looming possibility of a second Trump administration.

Though climate advocates and environmental groups have celebrated the EPA’s rules for pushing the country closer to its net zero goals (while also lamenting that the rules didn’t go as far as planned), threats have been mounting. Perhaps none is more concerning than Trump’s potential return to the White House with the Project 2025 playbook in hand. The Heritage Foundation-authored blueprint for a Republican president explicitly describes dismantling the EPA and singles out as a priority reviewing “the existing ‘ramp rate’ for car standards to ensure that it is actually achievable.”

When Trump last took office, he replaced, eliminated, or otherwise undid more than 100 environmental rules, including Obama-era vehicle emissions standards. When I spoke to environmental lawyers at the Natural Resources Defense Council and the Environmental Defense Fund, though, they stressed that the EPA’s regulations make it difficult for an unfriendly executive branch to shake them off.

If a future administration were to want to change the rules finalized this week, it would have to go through “a full rulemaking process,” Peter Zalzal, a member of EDF’s Domestic Climate and Air legal team, told me. That would include “a proposal that laid out the agency’s rationale for making those choices, and the facts supporting that rationale, and then hold a public comment process to incorporate stakeholder feedback.” Only after going through all that would it be able to take decisive action.

While it is possible that a Trump administration would attempt this, a senior advisor to the NRDC Action Fund, stressed that groups like theirs would fight tooth and nail to halt such a rollback. There are plenty of stages in the EPA rulemaking process where environmental groups could intervene, including by taking the administration to court.

Trouble might start even sooner than January, though. By Thursday morning, there were already multiple reports of Republican attorneys general who had “warned the EPA against rolling out more aggressive tailpipe emissions standards,” and opponents in Congress had filed a bipartisan resolution to undo the rule. There’s even a world in which a decision could be punted up to the Supreme Court, whose recent decisions have been hostile toward the EPA’s regulatory powers. Additionally, the American Fuel and Petrochemical Manufacturers trade group is planning a seven-figure ad spend across seven states “against the new rules heading into the 2024 election,” Kelley Blue Book reports, including an effort to brand them as a “gas car ban.”

The rules are definitively not a ban, and automakers are generally on board with them. “It’s just not a case that these standards require any kind of particular technologies,” Zalzal, from EDF, told me. “In fact, we’ve done modeling to show that manufacturers could meet these by selling very few battery electric vehicles.” (He added that, to be clear, that isn’t the expectation). Generally, experts seem to agree that the rules are on solid legal footing.

Still, it’s better to be safe than sorry. As my colleague Matthew Zeitlin has reported, California has quietly been working behind the scenes to get automakers to voluntarily comply with the regulations — and, in that way, sneakily “Trump-proof” the electrification push.

After all, that’s the one thing you can count on with elephants: You can see them coming.

Green

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Sparks

New Jersey’s New Governor Froze Electricity Prices During Her First Speech

Mikie Sherrill used her inaugural address to sign two executive orders on energy.

Mikie Sherrill.
Heatmap Illustration/Getty Images

Mikie Sherill, a former Navy helicopter pilot, was best known during her tenure in the House of Representatives as a prominent Democratic voice on national security issues. But by the time she ran for governor of New Jersey, utility bills were spiking up to 20% in the state, putting energy at the top of her campaign agenda. Sherrill’s oft-repeated promise to freeze electricity rates took what could have been a vulnerability and turned it into an electoral advantage.

“I hope, New Jersey, you'll remember me when you open up your electric bill and it hasn't gone up by 20%,” Sherrill said Tuesday in her inauguration address.

Keep reading...Show less
Blue
Sparks

Offshore Wind Developers Are Now 3 for 3 Against Trump

A third judge rejected a stop work order, allowing the Coastal Virginia offshore wind project to proceed.

Donald Trump and offshore wind.
Heatmap Illustration/Getty Images

Offshore wind developers are now three for three in legal battles against Trump’s stop work orders now that Dominion Energy has defeated the administration in federal court.

District Judge Jamar Walker issued a preliminary injunction Friday blocking the stop work order on Dominion’s Coastal Virginia offshore wind project after the energy company argued it was issued arbitrarily and without proper basis. Dominion received amicus briefs supporting its case from unlikely allies, including from representatives of PJM Interconnection and David Belote, a former top Pentagon official who oversaw a military clearinghouse for offshore wind approval. This comes after Trump’s Department of Justice lost similar cases challenging the stop work orders against Orsted’s Revolution Wind off the coast of New England and Equinor’s Empire Wind off New York’s shoreline.

Keep reading...Show less
Sparks

New York’s Empire Wind Project May Resume Construction, Judge Says

The decision marks the Trump administration’s second offshore wind defeat this week.

Offshore wind.
Heatmap Illustration/Equinor

A federal court has lifted Trump’s stop work order on the Empire Wind offshore wind project, the second defeat in court this week for the president as he struggles to stall turbines off the East Coast.

In a brief order read in court Thursday morning, District Judge Carl Nichols — a Trump appointee — sided with Equinor, the Norwegian energy developer building Empire Wind off the coast of New York, granting its request to lift a stop work order issued by the Interior Department just before Christmas.

Keep reading...Show less
Green