On September 14, 2023, the D.C. Circuit Court of Appeals will hear oral argument in challenges to EPA’s greenhouse gas emissions standards for light-duty vehicles for 2023 and later model years and the National Highway Traffic Safety Administration’s (NHTSA’s) fuel economy standards for model years 2024-2026. The oral argument regarding the EPA standards will focus on whether petitioners’ arguments are properly before the court, whether EPA’s rule is authorized under Section 202 of the Clean Air Act, and whether EPA’s rule is arbitrary and capricious. The oral argument regarding the fuel economy standards will focus on Energy Policy and Conservation Act preemption issues and arguments that NHTSA improperly considered factors such as the fuel economy of electric vehicles and plug-in hybrid vehicles. A portion of the argument will also address issues regarding NHTSA’s treatment of high-compression-ratio Atkinson-enabled engines.

Challenges to EPA’s December 2021 promulgation of “Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions Standards.”

Texas v. EPA

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Oral Argument Scheduled for September in Challenges to Vehicle Greenhouse Gas Emission Standards

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