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Nebraska AG leading multi-state coalitions in two lawsuits to stop electric-vehicle mandates on truck owners, operators


LINCOLN, Neb. (KOLN) – Attorney General Mike Hilgers announced Monday he is leading multi-state coalitions in two lawsuits to stop both the Biden Administration and the State of California from imposing electric-vehicle mandates on truck owners and operators throughout the country.

A coalition of 24 states filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit to challenge the Biden Administration’s new regulation of emissions from heavy-duty vehicles.

The suit is targeting the federal EPA’s rule imposing stringent tailpipe emissions standards for heavy-duty vehicles that effectively forces manufacturers to produce more electric trucks and fewer internal-combustion trucks.

Hilgers said electric trucks—and the infrastructure needed to support them—are virtually nonexistent. He said the trucks also have shorter ranges and require longer stops.

According to Hilgers, EPA’s rule would require manufacturers to produce fewer vehicles that utilize the preferred internal-combustion technology.

Nebraska AG leading multi-state coalitions in two lawsuits to stop electric-vehicle mandates on truck owners, operators

Hilgers also said a separate coalition of 17 states and the Nebraska Trucking Association filed a lawsuit in the U.S. District Court for the Eastern District of California that seeks to block a package of regulations targeting trucking fleet owners and operators.

This suit is challenging a suite of California regulations called “Advanced Clean Fleets”. Advanced Clean Fleets reportedly requires certain trucking fleet owners and operators to retire internal-combustion trucks and transition to more expensive and less efficient electric trucks by 2036. The rule applies to fleets that are headquartered outside of California if they operate within California.

Hilgers said given California’s large population and access to ports for international trade, the regulation will have significant nationwide effects on the supply chain.

Both lawsuits argue that the Biden Administration and California regulators have surpassed their connotational and statutory authority in attempting to force the entire country to transition to electric trucks, Hilgers said. Additionally, Hilgers alleges electric trucks are inefficient and costly and will harm citizens of Nebraska by increasing the costs of interstate transportation, raising prices for goods, and burdening the electric power grid.

“California and an unaccountable EPA are trying to transform our national trucking industry and supply chain infrastructure. This effort—coming at a time of heightened inflation and with an already-strained electrical grid—will devastate the trucking and logistics industry, raise prices for customers, and impact untold number of jobs across Nebraska and the country. Neither California nor the EPA has the constitutional power to dictate these nationwide rules to Americans. I am proud to lead our efforts to stop these unconstitutional attempts to remake our economy and am grateful to our sister states for joining our coalitions,” Hilgers said.

In addition to Attorney General Hilgers, attorneys general from the following states joined the lawsuit against the Biden Administration: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

In addition to Attorney General Hilgers, attorneys general from the following states joined the lawsuit against California regulators: Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming. Additionally, the Arizona State Legislature and the Nebraska Trucking Association joined the lawsuit as well.

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