West Virginia, Virginia joins 25 state coalition challenging stricter tailpipe emissions standards rules

Jul. 11—West Virginia and Virginia have joined a 25-state coalition challenging the Biden administration's proposed new rule on car tailpipes. The stricter tailpipe emissions standards would force more Americans to transition sooner to electric vehicles, the attorneys general of the two states argue.

West Virginia Attorney General Patrick Morrisey said the proposed U.S. Environmental Protection Agency rule is "unlawful and misguided." He called it a "draconian proposal" that aims to boost electric vehicle (EV) sales from 8.4 percent of total vehicle sales today to 67 percent by 2032.

"This proposed rule is legally flawed and unrealistic, to say the least," Morrisey, a Republican, said in a prepared statement. "This would have devastating effects in the daily lives of consumers — many of whom are already suffering from the burdens of historically high inflation."

Virginia Attorney General Jason Miyares also is challenging the proposed rule, arguing that the plan would forcibly phase out gas-powered vehicles and restructure the nation's automobile industry around electric vehicles.

"Now is not the time for the federal government to complicate the manufacturing process for cars and raise the average price significantly," Miyares, a Republican, said in a prepared statement. "Many Virginians are unable to afford electric vehicles, even if they want them. Additionally, infrastructure required to support such a radical departure from the current transportation system does not exist, and it's illogical to believe that such major changes to our national infrastructure could be completed and funded in accordance with an unelected agency's regulation change, completely sideswiping congressional approval."

Locally, the only EV charging station in the region is in Princeton, although plans are in place to add EV charging stations to other areas, including Bluefield and Tazewell, Va.

Morrisey, who is also seeking the Republican nomination for governor of West Virginia, said the average EV sold for $61,448 at the end of 2022, which he called "unaffordable" for most middle class and low-income families in West Virginia.

"We will always look after the financial wellbeing of consumers, many of whom are dealing with this challenging economy," Morrisey said. "And this comes in a time when the Biden administration is plotting on destroying whatever is left with our energy production through regulations that would effectively shut down coal-and gas-fired power plants — the backbone of the nation's power generation."

Biden's proposed rule — the Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles —was first announced April 12. If the plan is allowed to take effect without intervention by Congress or the courts, it would accelerates the nation's transition to zero-emission vehicles, which the Biden administration is mandating in the name of climate change.

West Virginia and Virginia have joined Alabama, Alaska, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Wyoming and Kentucky in challenging the plan.

The 25 states are urging the EPA to instead adopt "feasible standards that maintain our nation's air quality without risking consumer safety, economic stability and national security."

Morrisey said it is surprising that the Biden administration is once again ignoring the rule of law with the new tailgate standards.

"We have settled this issue in last year's U.S. Supreme Court decision in West Virginia v. EPA, which specifically ruled the EPA must regulate within the express boundaries of the statute that Congress passed — the agency can't regulate similar matters without explicit Congressional authorization," Morrisey said.

The stricter tailpipe emissions standards proposed by Biden have not been approved by Congress.

— Contact Charles Owens at cowens@bdtonline.com

— Contact Charles Owens at cowens@bdtonline.com. Follow him @BDTOwens