Zero Emission Transportation Association v. National Highway Traffic Safety Administration

Zero Emission Transportation Association (ZETA)—“an association of over three dozen companies committed to advocating for the advancement of the electric vehicle supply chain”—filed a petition for review in the D.C. Circuit Court of Appeals challenging the National Highway Traffic Safety Administration’s (NHTSA’s) interpretive rule on “Resetting the Corporate Average Fuel Economy Program.” ZETA’s petition stated that the rule introduced a new interpretation of NHTSA’s authority to set fuel economy standards for new passenger vehicles and light-duty trucks and fuel-efficiency standards and compliance and enforcement protocols for new commercial medium- and heavy-duty on-highway vehicles and work trucks. ZETA also alleged that NHTSA had cited the rule as justification for refusing to issue compliance notifications to manufacturers, which prevented NHTSA from transferring credits earned by vehicles that exceed fuel efficiency standards to other vehicle manufacturers. ZETA asserted that the rule was contrary to the Energy Policy and Conservation Act, Energy Independence and Security Act, and other applicable law, and that it violated the Administrative Procedure Act.