Biden Tailpipe Emission Rules Face ‘Major Questions’ Legal Wave

April 14, 2023, 9:30 AM UTC

An ambitious Biden administration’s plan to clean up emissions from a heavily polluting transportation sector will face industry litigation, but environmental lawyers see the rule holding up during eventual challenges.

The Environmental Protection Agency unveiled the proposed standards on Wednesday, touting the rules as the most aggressive ever for cars and trucks. The agency estimated emission cuts of “more than twice the total U.S. CO2 emissions in 2022,” according to a press release.

Future challengers are sure to turn to the major questions doctrine in forthcoming lawsuits, likely arguing the rule has too much of a transformative effect on the ...

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