Lawmakers Demand MPG Details, States File Lawsuit Against EPA

Matt Posky
by Matt Posky

America’s gas war is heating after 17 states, as well as the District of Columbia, filed a lawsuit against the Environmental Protection Agency’s decision to redefine U.S. vehicle emissions and fuel efficiency rules through 2025.

In April, EPA chief Scott Pruitt said the existing standards for model year 2022 to 2025 vehicles should be revised. The suit, filed in the U.S. Court of Appeals for the District of Columbia, alleges the EPA acted unpredictably, failed to follow its own regulations, and was in direct violation of the Clean Air Act. New York Attorney General Eric Schneiderman claimed the “Trump administration conducted a phony study” to justify altering emission rules to appease automakers and the oil industry.

Meanwhile, U.S. Representatives Doris Matsui of California and Paul Tonko of New York are demanding the EPA hand over all documents related to the study that resulted in the proposed changes to fuel economy standards.

According to Reuters, the lawmakers asked for access to all emails related to the development of the fuel proposal, prior drafts, a list of the staff that participated in its development, and a list of all meetings held with industry and stakeholders. The EPA responded by saying the proposal had not yet been sent to the White House Office of Management and Budget for review, but would be accessible then.

“The Agency is continuing to work with NHTSA to develop a joint proposed rule and is looking forward to the interagency process,” explained EPA spokeswoman Liz Bowman. It’s assumed the U.S. Transportation Department has already drafted a proposal that should made public sometime this month. However, the EPA is already circulating a draft in Washington that intends to fix vehicle requirements at 2020 levels through 2026.

That hasn’t sat well with the 17 states who collectively agreed to follow California’s example, remaining loyal to the extra stringent mandates established during the Obama administration. Matsui even went so far as to accuse Pruitt of making false statements to a Congressional committee, since the draft appears to ignore California’s Clean Air Act waiver. While speaking on Capitol Hill, the EPA chief said there was no plan to revoke the waiver at the time. However, the draft was penned prior to those statements.

The issue is also addressed in the lawsuit, though both camps seem to feel as if the Clean Air Act is on their side. The White House said it’s currently looking over the suit, but hasn’t said much otherwise.

It’s a very different story from the plaintiffs, however. California Governor Jerry Brown announced the suit’s filing in Sacramento this week, while simultaneously accusing the EPA of breaking the law and placing public health at risk. “This is about health, it’s about life and death,” Brown said. He then said Trump and Pruitt are only interested in forcing the public to buy more gas, creating more pollution as a result.

Adjusting for a shift in consumer demand to larger vehicles, the current rules are projecting to increase fuel efficiency to a fleet-wide average of 46.8 miles per gallon by 2026, according to a letter sent Tuesday by Senator Tom Carper (D-DE) to Pruitt and Transportation Secretary Elaine Chao. Based on a copy of the draft proposal he obtained, the administration’s proposed changes would result in a fleet-wide average of 37 mpg within the same time frame. Carper believes the alterations would result in Americans using 206 billion more gallons of gasoline through 2050.

While other estimates have been more or less generous, the general consensus among the opposition is that changing the rules will result in the burning of more gas (duh). The Trump administration is expected to counter these claims by suggesting that softer fuel rules will result in more affordable vehicles and more jobs. It’s also wise to point out that practical sales-weighted efficiency averages for the country haven’t changed much in the last few years — not that reducing economy targets will change any of that.

Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • Pdl2dmtl Pdl2dmtl on May 03, 2018

    so said the volvo driver. You know, I was once a volvo driver but then I smartened up. Now, where is Kyree when you need him to moderate the foul language?

  • TW5 TW5 on May 03, 2018

    Congressional midterm review is part of the law, and Congress/EPA have the ability to modify the program based upon changes in sales mx, energy market, economy, etc. The neo-Confederacy has no case.

  • NJRide Let Cadillac be Cadillac, but in the context of 2024. As a new XT5 owner (the Emerald Green got me to buy an old design) I would have happy preferred a Lyriq hybrid. Some who really like the Lyriq's package but don't want an EV will buy another model. Most will go elsewhere. I love the V6 and good but easy to use infotainment. But I know my next car will probably be more electrified w more tech.I don't think anyone is confusing my car for a Blazer but i agree the XT6 is too derivative. Frankly the Enclave looks more prestigious. The Escalade still has got it, though I would love to see the ESV make a comeback. I still think GM missed the boat by not making a Colorado based mini-Blazer and Escalade. I don't get the 2 sedans. I feel a slightly larger and more distinctly Cadillac sedan would sell better. They also need to advertise beyond the Lyriq. I don't feel other luxury players are exactly hitting it out of the park right now so a strengthened Cadillac could regain share.
  • CM Korecko Cadillacs traditionally have been opulent, brash and leaders in the field; the "Standard of the World".That said, here's how to fix the brand:[list=1][*]Forget German luxury cars ever existed.[/*][*]Get rid of the astromech droid names and bring back Seville, Deville, Eldorado, Fleetwood and Brougham.[/*][*]End the electric crap altogether and make huge, gas guzzling land yachts for the significant portion of the population that would fight for a chance to buy one.[/*][*]Stop making sports cars and make true luxury cars for those of us who don't give a damn about the environment and are willing to swim upstream to get what we really want.[/*][*]Stop messing around with technology and make well-made and luxurious interiors.[/*][*]Watch sales skyrocket as a truly different product distinguishes itself to the delight of the target market and the damnation of the Sierra Club. Hell, there is no such thing as bad publicity and the "bad guy" image would actually have a lot of appeal.[/*][/list=1]
  • FreedMike Not surprisingly, I have some ideas. What Cadillac needs, I think, is a statement. They don’t really have an identity. They’re trying a statement car with the Celestiq, and while that’s the right idea, it has the wrong styling and a really wrong price tag. So, here’s a first step: instead of a sedan, do a huge, fast, capable and ridiculously smooth and quiet electric touring coupe. If you want an example of what I’m thinking of, check out the magnificent Rolls-Royce Spectre. But this Cadillac coupe would be uniquely American, it’d be named “Eldorado,” and it’d be a lot cheaper than the $450,000 Spectre – call it a buck twenty-five, with a range of bespoke options for prospective buyers that would make each one somewhat unique. Make it 220 inches long, on the same platform as the Celestiq, give it retro ‘60s styling (or you could do a ‘50s or ‘70s throwback, I suppose), and at least 700 horsepower, standard. Why electric? It’s the ultimate throwback to ‘60s powertrains: effortlessly fast, smooth, and quiet, but with a ton more horsepower. It’s the perfect drivetrain for a dignified touring coupe. In fact, I’d skip any mention of environmental responsibility in this car’s marketing – sell it on how it drives, period.  How many would they sell? Not many. But the point of the exercise is to do something that will turn heads and show people what this brand can do.  Second step: give the lineup a mix of electric and gas models, and make Cadillac gas engines bespoke to the brand. If they need to use generic GM engine designs, fine – take those engines and massage them thoroughly into something special to Cadillac, with specific tuning and output. No Cadillac should leave the factory with an engine straight out of a Malibu or a four-banger Silverado. Third step: a complete line-wide interior redo. Stop the cheapness that’s all over the current sedans and crossovers. Just stop it. Use the Lyriq as a blueprint – it’s a big improvement over the current crop and a good first step. I’d also say Cadillac has a good blend of screen-controlled and switch-controlled user interfaces; don’t give into the haptic-touch and wall-to-wall screen thing. (On the subject of Caddy interiors – as much as I bag on the Celestiq, check out the interior on that thing. Wow.)Fourth step: Blackwing All The Things – some gas, others electric. And keep the electric/gas mix so buyers have a choice.Fifth step: be patient. That’s not easy, but if they’re doing a brand reset, it’ll take time. 
  • NJRide So if GM was serious about selling this why no updates for so long? Or make something truly unique instead of something that looked like a downmarket Altima?
  • Kmars2009 I rented one last fall while visiting Ohio. Not a bad car...but not a great car either. I think it needs a new version. But CUVs are King... unfortunately!
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