Vehicle Emission Standards

The U.S. Environmental Protection Agency (EPA) yesterday announced its intent to rescind the 2009 Endangerment and Cause or Contribute Finding for Greenhouse Gases (the Finding) later this week. The Finding, issued under the Clean Air Act (the Act) and preceded by confirmation of the EPA’s regulatory authority by the U.S. Supreme Court in a landmark 2007 decision, has served as the legal foundation for almost all climate regulations under the Act, including auto standards. Once rescinded, the EPA is expected to repeal all GHG emission standards for light-, medium-, and heavy-duty vehicles and engines. The EPA previously indicated that engine and vehicle manufacturers would no longer have any future obligations for the measurement, control, and reporting of GHG emissions for any highway engine and vehicle. The EPA has stated, however, that it would maintain regulations necessary for criteria pollutant and air toxic measurement and standards, Corporate Average Fuel Economy testing, and associated fuel economy labeling requirements. Background. On December 7, 2009, the Obama Administration signed two distinct findings regarding GHGs under section 202(a) of the Act: Endangerment Finding. Current and projected concentrations of the six key well-mixed greenhouse gases – carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) – in the atmosphere threaten the public health and welfare of current and future generations. Cause or Contribute Finding. The combined emissions of the well-mixed GHGs from new motor vehicles and new motor vehicle engines contribute to the GHG pollution that threatens public health and welfare. On January 20, 2025, President Trump signed an Executive Order directing the EPA to submit recommendations regarding the legality and continuing applicability of the Finding. Following that directive, the EPA announced last summer that it was reconsidering the Finding, culminating in this week’s anticipated formal rescinding of the Finding. For further information or to discuss the contents…

The U.S. Environmental Protection Agency (EPA) yesterday announced new proposed federal vehicle emissions standards that are intended to accelerate the ongoing transition to cleaner vehicles and reduce emissions. The proposals would avoid nearly 10 billion tons of CO2 emissions through 2055, equivalent to more than twice the total U.S. CO2 emissions in 2022. The proposed regulations are designed to ensure that electric vehicles (EVs) make up as much as 67 per cent of new passenger vehicles sold in the U.S. by 2032. If implemented, we anticipate that the proposed regulations will have a significant impact on Canada’s economy given the high level of integration of automotive sectors and Canada’s rich supply of critical minerals essential to the production of EVs and EV batteries. This bulletin briefly summarizes the proposed rules: Light- and Medium-Duty Vehicles. The first set of proposed standards, the “Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium Duty Vehicles”, builds on the EPA’s existing emissions standards for passenger cars and light trucks for model years (MYs) 2023 through 2026. The EPA projects that, with the new standards, EVs could account for 67% of new light-duty vehicle sales and 46% of new medium-duty vehicle sales in MY 2032. The proposed MY 2032 light-duty standards are projected to result in a 56% reduction in projected fleet average greenhouse gas emissions target levels compared to the existing MY 2026 standards. The proposed MY 2032 medium-duty vehicle standards would result in a 44% reduction compared to MY 2026 standards. Heavy-Duty Vehicles. The second set of proposed standards, the “Greenhouse Gas Standards for Heavy-Duty Vehicles – Phase 3”, would apply to heavy-duty vocational vehicles (such as delivery trucks, refuse haulers or dump trucks, public utility trucks, transit, shuttle, school buses) and trucks typically used to haul freight. These standards would complement the criteria pollutant standards…

EPA to Rescind 2009 GHG Endangerment Finding

US EPA Releases Ambitious Proposed Rules for Federal Vehicle Emissions Standards