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California gas vehicle ban faces pushback from 17 states

A Tesla Motors Inc Model X is seen at Tesla's introduction of its new battery swapping program in Hawthorne, California June 20, 2013. Tesla Motors Inc on Thursday unveiled a system to swap battery packs in its electric cars in about 90 seconds, a service Chief Executive Elon Musk said will help overcome fears about their driving range. REUTERS/Lucy Nicholson (UNITED STATES - Tags: TRANSPORT BUSINESS LOGO) - RTX10VSH

17 States have filed a lawsuit with the Federal Court of Appeals, suing to prevent California from banning new ICE vehicle sales after 2035.

California’s Air Resources Board (CARB) is expected to ban the sale of new ICE vehicles after 2035 tomorrow, but 17 State Attorney Generals have sued in federal court to block the move. California’s regulations are accepted as regulations in 14 other states and the District of Columbia; hence an approval or blocking of this regulation could prove far-reaching.

According to the St. Louis Post-Dispatch, the Missouri State Attorney General, along with Ohio, Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, and West Virginia have sued to prevent CARB from banning new ICE vehicles after 2035. The Missouri State Attorney General commented, “If California can set restrictive ‘gas emissions’ standards, manufacturing becomes astronomically expensive, and those additional costs are passed onto consumers, many of which are Missourians.”

At the same time, 14 states, including Connecticut, Colorado, Delaware, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia, follow CARB standards as well, meaning that regulation regarding ICE sales would be far-reaching.

From a legal approach, the opposition to CARB’s regulation aims for the Federal government to regulate what it sees as interstate commerce, as it is allowed via the US constitution. At the same time, CARB operates under the assumption that the federal government is limited in how it can regulate state-level regulations.

CARB has long faced legal challenges from other states and corporations alike. GM and Toyota have notably sued CARB for imposing emissions regulations; however, both have since rescinded their suit.

With such a big case, this suit could end up in not only federal court but the Supreme Court to finally legally define if states may regulate emissions as CARB has been.

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California gas vehicle ban faces pushback from 17 states
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