Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What you need to know about the EPA's new Clean Truck Initiative

Author: Scarinci Hollenbeck, LLC

Date: December 17, 2018

Key Contacts

Back

The U.S. Environmental Protection Agency (EPA) recently announced the Cleaner Truck Initiative (CTI)

The U.S. Environmental Protection Agency (EPA) recently announced the Cleaner Truck Initiative (CTI). The centerpiece of the initiative is a forthcoming rulemaking to decrease emissions of nitrogen oxide (NOx) from heavy-duty trucks and engines. According to the EPA, the new rulemaking will lower emissions, while also streamlining regulatory compliance.

EPA Cleaner Truck Initiative

The EPA last addressed NOx standards for onroad heavy-duty trucks and buses in January 2001. While U.S. NOx emissions dropped by more than 40 percent from 2007 to 2017, the EPA expects that heavy-duty trucks will be responsible for one-third of NOx emissions from transportation in 2025.  “Updating these standards will result in NOx reductions from mobile sources and could be one important way that allows areas across the U.S. to meet National Ambient Air Quality Standards for ozone and particulate matter,” the EPA said in a press statement announcing the initiative.

The EPA also plans to reduce regulatory burdens through its new emissions rulemaking. “The CTI will cut unnecessary red tape while simplifying certification of compliance requirements for heavy-duty trucks and engines,” the EPA stated. “Areas of deregulatory focus will include onboard diagnostic requirements, cost-effective means of reassuring real world compliance by using modern and advanced technologies, the deterioration factor testing process, and concerns regarding annual recertification of engine families.”

The EPA intends to publish a proposed rule in early 2020 after engaging with stakeholders.

Lawsuit Over Fuel Efficiency Standards

The EPA’s new initiative stands in stark contrast to the Trump administration’s decision to rollback rules to impose stronger fuel-economy standards on light-duty vehicles. Beginning in 2010, the EPA, the National Highway Traffic Safety Administration, and the California Air Resources Board established a single national program of greenhouse gas emissions standards for model year 2012-2025 vehicles. Under the Obama-era regulations, the standard for average fuel efficiency would increase to 54.5 miles per gallon by 2025. 

Last year, the EPA affirmed that the national standards were appropriate based on an extensive record of data. However, the agency announced in April that the fuel efficiency standards “may be too stringent” and should be revised.

One month later, New Jersey joined a coalition of 17 states in filing suit against the EPA. In a press release, the states said their lawsuit “seeks to set aside and hold unlawful the EPA’s effort to weaken the nation’s existing clean car rules … based on the fact that the EPA acted arbitrarily and capriciously, failed to follow its own regulations, and violated the Clean Air Act.”

In August, the EPA and NHTSA released a notice of proposed rulemaking, the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (SAFE Vehicles Rule). It calls for freezing the model year 2020 standards of 35 miles-per-gallon through 2026. The proposed rule also calls for a national emissions standard, which would revoke the authority of states like California to enact tougher emissions standards.

Last month, New Jersey Attorney General Gurbir Grewal joined the attorneys general of 20 other states in submitting a comment letter to the EPA that called on the agency to reconsider the SAFE Vehicles Rule. “It is time for Washington to step up to combat climate change, not fall down on the job,’’ Grewal said. ‘’Unfortunately, EPA is relying on flawed science and flawed policy to cut back on our country’s clean car rules.”

Emissions regulations are poised to be a key regulatory issue in 2019 and beyond. The attorneys of the Scarinci Hollenbeck Environmental Law Group will continue to monitor the proposed environmental regulations, as well as the related legal challenges.

If you have any questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Hunain Sarwar, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know post image

Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]

Author: George McGowan

Link to post with title - "Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know"
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!