Supreme Court and President-Elect Looking at EVs
On Friday, the US Supreme Court announced that they will be hearing the lawsuit challenging California’s ability to institute the EV mandate that New Jersey and other states have opted in to. Back in the 1990s when Congress passed the Clean Air Act, they gave the state of California the ability to set a stricter standard to deal with smog pollution, and allowed state governments to choose to opt in to the California standard instead of whatever the federal standard set by the EPA was.
Since then, the California government has used that power (designed to address smog) to work towards completely eliminating gas-powered vehicles from being sold. This legal challenge is based in part on the idea that California wants these standards because of the global problem of climate change, when the law is supposed to only allow California to change its standards to address state-specific problems. The current makeup of the Supreme Court has generally been interested in enforcing the “major questions doctrine”, which is basically the idea that certain major policy decisions must be made by Congress, not unelected regulatory agencies.
The lawsuit is being brought by a wide coalition of different interests, including the National Association of Convenience Stores. The final decision should come in June 2025.
Meanwhile, on Monday it was reported that the Trump transition team will recommend big changes to the federal government’s EV policies. They want to significantly increase tariffs on battery materials in order to help promote a domestic industry, though that would take years to develop and would make EV batteries more expensive in the years to come. Money that was appropriated by the Biden Administration to promote EV charger installations and the $7,500 tax credit for certain EV purchases will be cut and redirected toward other uses.
As expected, they also recommend rolling back the Biden Administration’s tailpipe reductions, which were designed to be so high that it would force manufacturers to make a significant portion of their vehicles EVs. They also recommend blocking California from setting its own standards as it relates to EVs, which would also block those policies here in NJ.