As California and New York both push for tougher zero emission vehicle laws, they’re taking different approaches to cleaning up medium and heavy-duty vehicles while battling the same political and legal hurdles.
In late August, California announced that it was transitioning cars and trucks to zero emissions by 2035. New York followed in California’s footsteps last week and enacted its own 2035 ZEV deadline though unlike the Golden State, its medium and heavy-duty vehicles face more lenient requirements.
Critics have pointed out that states wishing to set their own ZEV laws require a federal waiver under the Clean Air Act, and even with a waiver, face an uphill battle in court.
According to The Washington Times, states wishing to implement ZEV requirements would have to side-step the Energy Conservation and Policy Act of 1975, which created the corporate average fuel economy (CAFE) program and prevents states from setting their own mpg standards.
Agency powers were also put in check this year with West Virginia vs. EPA, where the Supreme Court made clear that the major questions doctrine “requires that agencies have clear Congressional direction when a proposed regulatory action involves issues of broad social, economic, or policy consequence,” Washington Times columnist Michael McKenna writes.
