At a Glance

  • The Truck and Engine Manufacturers Association (EMA) filed a motion on March 20 to intervene in a lawsuit against the U.S. Environmental Protection Agency (EPA), aiming to support the EPA in rescinding the Phase 3 greenhouse gas emission standards for heavy-duty vehicle manufacturers.
  • The standards were originally set to take effect on January 1, 2027, but the EPA recently rescinded the 2009 endangerment finding, which had determined that greenhouse gases pose a threat to public health and served as the legal basis for regulating emissions under the Clean Air Act.
  • A coalition of 24 states and several cities filed a lawsuit on March 19 challenging the rescission, arguing that greenhouse gases qualify as "air pollutants" under the Clean Air Act and that, according to the 2007 ruling in Massachusetts vs. EPA, once the EPA determines they endanger public health and welfare, it must regulate them.

In-Depth Analysis

The Truck and Engine Manufacturers Association (EMA) argues that, unlike Phase 1 and Phase 2, the Phase 3 greenhouse gas limits do not account for current market demand for zero-emission vehicles.

Although the regulation does not mandate explicit sales quotas, manufacturers still need to produce enough zero-emission vehicles to meet the required reductions in carbon dioxide emissions from heavy-duty vehicles. The industry group believes this would effectively force a market transition and limit trucking fleets' vehicle choices.

EMA President Jacqueline Gelb said member companies have invested "significant capital" to comply with the EPA's Phase 1 and Phase 2 rules.

"These standards were successful because they were supported by fleet demand for technologies that met performance needs, saved EMA customers operating costs, and successfully reduced emissions," Gelb said in a statement. "Although manufacturers have invested tens of billions of dollars to develop and bring zero-emission heavy-duty vehicles to market, the Phase 3 greenhouse gas sales mandates should not be the means to drive the market toward zero-emission technology."

Other trucking groups also expressed support for the EPA's decision. Todd Spencer, president of the Owner-Operator Independent Drivers Association, said there is no evidence that electric trucks are practical for trucking businesses due to the upfront costs of purchasing electric trucks and the availability of charging infrastructure.

"Mom-and-pop trucking businesses would be crushed by the enormous costs and operational challenges of being forced into zero-emission trucks," Spencer said in a statement.

If EMA's intervention effort succeeds, the EPA could reverse its long-standing finding that greenhouse gases endanger public health, potentially transforming federal climate regulations based on that finding.

Environmental groups and state officials argue that the EPA is abandoning its own scientific record and statutory duties, putting public health at risk in the process.

"The agency's reinterpretation of the Clean Air Act is inconsistent with Supreme Court precedent and contradicts decades of scientific consensus," said Kate Zyla, executive director of the Georgetown Climate Center, in a statement. "In particular, vehicles are the largest source of greenhouse gas emissions in the U.S., and we know there are real technological solutions to reduce those emissions. Rescinding these standards is a major step backward."