CR files amicus brief as Texas and other states join with industry to challenge EPA clean car standards
WASHINGTON, DC — A group of states led by the Texas Attorney General filed a lawsuit supported by the fossil fuels industry to challenge the Environmental Protection Agency’s new vehicle emissions standards announced in December 2021.
Consumer Reports has submitted an amicus brief providing data that shows the consumer demand for electric vehicles (EVs) and automakers’ willingness to meet demand may exceed these EPA standards, refuting a key argument in the lawsuit.
The EPA emission rules apply to new cars and light-duty trucks for model years 2023 to 2026. To meet these emissions standards, automakers will need to rapidly increase production of hybrid vehicles and EVs. Petitioners argue the EPA standards would increase the production of EVs in excess of the demand, forcing EVs on unwilling consumers.
Data from Consumer Reports’ nationally representative 2022 survey provides hard data showing the opposite: 36 percent of Americans said they plan to buy or lease an electric vehicle, or are seriously considering doing so. This survey was done before Congress passed the Inflation Reduction Act, which allocates funds for significant tax incentives for EV purchases as well as EV charging infrastructure.
A recent analysis by Consumer Reports shows a 350% increase in consumer demand for battery electric vehicles between 2020 and 2022. The supply may not meet the demand for consumers ready to buy or lease an EV until 2030, even under the new standards.
The case, Texas v. EPA, No. 22-1031, was filed in D.C. Circuit Court. Oral arguments in the case are expected this fall. The full amicus brief from Consumer Reports can be read here.
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Founded in 1936, CR has a mission to create a fair and just marketplace for all. Widely known for our rigorous research and testing of products and services, we also survey millions of consumers each year, report extensively on marketplace issues, and advocate for consumer rights and protections around safety as well as digital rights, financial fairness, and sustainability. CR is independent and nonprofit.