Posting NHTSA’s Proposed Rule to Overturn Federal Preemption of California’s Motor Vehicle GHG Regulations

by Marlo Lewis on May 17, 2021

in Blog

The Federal Register today published the National Highway Traffic Safety Administration’s proposed rule to repeal the agency’s portions Part 1 of the Trump administration’s Safer Affordable Fuel Efficient (SAFE) Vehicles Rule.

In SAFE 1, NHTSA determined that California’s tailpipe carbon dioxide standards and zero-emission vehicle mandates are “related to” fuel economy standards. Consequently, those policies are preempted under Section 32919(a) of the Energy Policy and Conservation Act.

The SAFE 1 Rule, also known as the One National Program Rule, is available here.

NHTSA’s unnamed proposed rule to repeal the statutory interpretation and regulatory text contributed by the agency to SAFE 1 is available here.

Comments on this entry are closed.

Previous post: