Nebraska Attorney General Mike Hilgers, leading a coalition of 24 states, filed a brief in the U.S. Court of Appeals for the D.C. Circuit, challenging the Biden-Harris Administration’s electric vehicle mandate for truck manufacturers.
The case, Nebraska v. EPA, seeks to block the Environmental Protection Agency’s (EPA) new rule that effectively pushes for a shift toward electric trucks in the trucking industry.
Hilgers criticized the EPA’s rule, “The EPA’s attempt to transform the trucking industry and supply chain infrastructure goes well beyond the agency’s authority. Once again, the Biden-Harris Administration’s radical climate agenda will harm Americans. A national electric-truck mandate will raise prices for groceries, strain the electrical grid, and disrupt the transportation, logistics, biofuel, and farming industries that drive the Nebraska economy. Our brief makes the common-sense and rule-of-law argument that whether to require manufacturers to sell electric trucks is a highly consequential decision. That decision should be left for Congress and the States—not for unaccountable bureaucrats in Washington.”
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The EPA’s rule, introduced in April, sets strict tailpipe emissions standards for heavy-duty vehicles, forcing manufacturers to increase the production of electric trucks and reduce the production of traditional internal combustion trucks. The coalition argues that this mandate raises a “major question” that Congress has not authorized the EPA to decide.
The brief highlights the disparity between the current market—where only 0.10 percent of heavy-duty trucks are electric—and the EPA’s goal of increasing that figure to 45 percent within a decade. Critics say this rapid shift will burden the transportation sector, stress the power grid, and drive up costs for consumers.
The brief also contends that the EPA has never previously mandated the production of heavy-duty electric trucks, and leaving the rule in place would bypass the ongoing policy debate that belongs in the hands of Congress and individual states.
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Attorney General Hilgers is joined in the legal challenge by attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
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