Five AGs Filed Petition for Review of NHTSA’s Unlawful Delay of Fuel Efficiency Standards Rule

SEPTEMBER 11, 2017

California Attorney General Xavier Becerra led a coalition of five attorneys general in filing a lawsuit against the National Highway Traffic Safety Administration (NHTSA) “for illegally delaying a rule that encourages automakers to produce vehicle fleets that meet or exceed federal fuel efficiency standards. Set to take effect in July 2017, the rule would increase the penalty imposed on automakers whose vehicle fleets do not meet minimum fuel efficiency standards. All federal agencies were required to increase their civil penalty rates by an act of Congress, the 2015 Federal Civil Penalties Inflation Adjustment Act. In response, the U.S. Department of Transportation issued a new rule to increase the penalty by $8.50 per tenth of a mile per gallon. The Trump Administration has delayed it, reverting back to the lower penalty rate instead. If the penalty is not sufficiently high, automakers lack a vital incentive to manufacture fuel efficient vehicles.”