Attorney General Hilgers Leads Multi-State Coalitions in Two Lawsuits to Stop  Electric-Truck Mandates

Lincoln--Attorney General Hilgers 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.

Today, 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.

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. 

“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,” stated Attorney General Mike Hilgers.

The States’ D.C. Circuit suit targets the federal Environmental Protection Agency’s (EPA) rule imposing stringent tailpipe emissions standards for heavy-duty vehicles that effectively forces manufacturers to produce more electric trucks and fewer internal-combustion trucks. Right now, electric trucks—and the infrastructure needed to support them—are virtually nonexistent. They also have shorter ranges and require longer stops. The EPA’s rule, however, would require manufacturers to produce fewer vehicles that utilize the preferred internal-combustion technology. 

The States’ California suit challenges a suite of California regulations called Advanced Clean Fleets. Advanced Clean Fleets requires certain trucking fleet owners and operators to retire internal-combustion trucks and transition to more expensive and less efficient electric trucks. The rule applies to fleets that are headquartered outside of California if they operate within California. Given California’s large population and access to ports for international trade, this regulation will have significant nationwide effects on the supply chain. 

Both lawsuits argue that the Biden Administration and California regulators have exceeded their constitutional and statutory authority in attempting to force the entire country to transition to electric trucks. In addition to their legal flaws, both regulations defy reality. 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. 

"I wholeheartedly support Attorney General Hilgers’ efforts to stop California and the Biden Administration from mandating electric trucks. Nebraska trucking companies, not the government, should decide how best to run their businesses,” stated Governor Jim Pillen.

The lawsuits are the latest in Attorney General Hilgers’ push against wide-reaching environmental policies that harm Nebraska consumers and companies. For example, Attorney General Hilgers recently won a lawsuit that stopped the Biden Administration from forcing States to reduce on-road C02 emissions, and he won an early victory in a lawsuit challenging the Securities and Exchange Commission’s rule requiring businesses to make climate change disclosures. Attorney General Hilgers has also joined a lawsuit targeting EPA’s electric-car mandate, and just last week, Attorney General Hilgers sued to stop Biden’s latest Clean Power Plan from taking effect after the first one was struck down by the Supreme Court. All these lawsuits are aimed at stopping the Biden Administration from enacting rules that threaten the reliability of the electric grid, increase prices for consumers, and inflate the government’s role in our lives.

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.