17 States Challenge EPA Plan to Freeze Emission Rules

A group of 17 states asks a federal appeals court to enforce carbon dioxide emission rules the Environmental Protection Agency approved 14 months ago but now considers “not appropriate.”

The coalition consists of California, 16 other states and the District of Columbia. The group says it represents more than 40% of the U.S. population and car market.

In 2012, EPA set tough carbon dioxide emission limits for 2021-2025 but agreed to assess their viability no later than April 2018. Under the Obama administration, the agency moved its review forward.

EPA concluded in early January 2017 that the rules could be met at reasonable cost with existing technologies—and without resorting to such alternatives as electric cars. Carmakers objected. They insisted that the market’s shift from cars to less efficient trucks made it virtually impossible to meet the rapidly escalating standards.

The Trump administration ordered EPA to revisit its decision. Two weeks ago the agency concluded that the CO₂ limits should be frozen at 2020 levels through at least 2025 because its previous decision “didn’t comport with reality.”

California’s coalition argues that EPA’s new opinion offers no new data to support a revised conclusion. The group asks the court to block EPA’s efforts to revere itself, claiming the agency ignored its own regulations, acted “arbitrarily and capriciously” and violated the Clean Air Act.