Republican state attorneys general file petition for review in court, challenging fuel economy standards

Texas Attorney General Ken Paxton along with other Republican attorneys general have filed a petition for review in federal court, challenging the National Highway Traffic Safety Administration’s corporate average fuel economy standards.

The new National Highway Traffic Safety Administration’s corporate average fuel economy standards, which were announced on April 1, require “an industry-wide fleet average of approximately 49 mpg for passenger cars and light trucks in model year 2026,” and an increase of fuel efficiency by 8% per year for passenger cars and light trucks with a model year of 2024 and 2025.

The National Highway Traffic Safety Administration says that the standards will help make the air cleaner while saving American’s money.

“NHTSA is helping American families by making life more affordable – and the air cleaner for their children. These vehicles will be better for the environment, safer than ever, and cost less to fuel over their lifetimes,” the regulation’s announcement reads.

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Texas Attorney General Ken Paxton leaves the U.S. Supreme Court following arguments. (Reuters/Evelyn Hockstein / Reuters Photos)

Other states including Arkansas, Indiana, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, South Carolina and Utah joined Texas in the petition.

Paxton said that the court challenge “opposes the Biden Administration’s climate change agenda,” adding that the new regulations will only lead to higher prices for consumers.

“At a time when Americans are already struggling because of Biden’s inept policies and radical progressive agenda, NHTSA’s fuel standards will only create more concerns and saddle consumers with higher-priced electric vehicles,” Attorney General Paxton said. “I will continue to fight back and challenge these unnecessary regulations that are unconstitutional and do more harm than good.”

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Pete Buttigieg, U.S. secretary of transportation, speaks during a news conference in Westfield, New Jersey, U.S., on Monday, Aug. 9, 2021. (Mark Kauzlarich/Bloomberg via Getty Images / Getty Images)

The petition for review was filed in the United States Court of Appeals for the District of Columbia on June 30.

A press release by Paxton’s office also alleges that “NHTSA violated the express statutory prohibition on its mandating electric vehicles in setting the CAFE standards,” adding that “The rule also implicates important state sovereignty interests.”

U.S. Transportation Secretary Pete Buttigieg said when the regulation was announced that it would reduce carbon emissions as well. 

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“These improvements will also make our country less vulnerable to global shifts in the price of oil, and protect communities by reducing carbon emissions by 2.5 billion metric tons,” Buttigieg said.