Nebraska attorney general leads 24 states in opposing California’s electric-truck mandate

Nebraska’s attorney general, Mike Hilgers, has spearheaded a 24-state coalition in filing a comment that asks U.S. EPA 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 comment argues that 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. 

“California lacks the legal authority to export its electric-truck mandate to the rest of the country,” Hilgers said. “Our comment calls on the Biden-Harris administration to favor the rule of law over its radical climate agenda and block California’s ban on internal-combustion trucks. Electric trucks are inefficient and costly and will harm Nebraskans by increasing the costs of interstate transportation, raising prices for goods, reducing demand for biofuels and burdening the electric power grid.” 

Under the Clean Air Act, only the federal government can set emissions standards for vehicles.

After California asked EPA for a waiver to enforce Advanced Clean Fleets, the EPA solicited comments on whether to allow California to implement its regulation.

The states’ 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 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. 

Joining Hilgers on the comment to EPA are attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.