Small Businesses Call for Court of Appeals to Set Aside NHTSA Fuel Standards

December 9, 2022

Small Businesses Call for Court of Appeals to Set Aside NHTSA Fuel Standards

WASHINGTON, D.C. (Dec. 5, 2022) – NFIB filed an amicus brief in the case Natural Resources Defense Council v. National Highway Traffic Safety Administration, et al. at the U.S. Court of Appeals for the District of Columbia. The brief argues that the National Highway Traffic Safety Administration’s (NHTSA) fuel-economy standard violates the Energy Policy and Conservation Act. “This case highlights another instance where a government agency is acting without clear Congressional approval,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “The NHTSA does not have the authority to mandate their fuel-economy standards and we urge the Court to set aside the requirements.” The amicus brief makes three major points: 1) the Energy Policy and Conservation Act squarely forecloses consideration of electric vehicles when setting fuel-economy standards, 2) the Major-Questions Doctrine forecloses NHTSA’s interpretation of the Energy Policy and Conservation Act, and 3) NHTSA cannot clear the high hurdle of pointing to clear congressional authorization for the power it claims. NFIB filed the amicus brief with the Western States Petroleum Association, California Asphalt Pavement Association, and Energy Marketers of America. The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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