It’s no secret that vehicles—even used vehicles—have become expensive, and like most Americans, small business owners are struggling to afford them. The Small Business Legal Center is working to ease the burden with our recent motion to intervene in the case American Public Health Association v. Environmental Protection Agency (EPA) at the U.S. Court of Appeals for the D.C. Circuit. NFIB’s intervention supports EPA’s elimination of the 2009 Greenhouse Gas (GHG) Endangerment Finding. The Endangerment Finding permitted the federal government to impose emissions regulations on diesel- and gas-powered motor vehicles under the Clean Air Act, while also limiting consumer choice. This resulted in higher manufacturing costs, which have been passed on to consumers through higher vehicle prices.
EPA’s new rule revokes the Endangerment Finding and blocks any new federal GHG vehicle emission standards from being enacted. According to EPA, the agency lacked the legal authority to regulate GHG emissions, stating only Congress had that power. This interpretation would ensure that the Clean Air Act is read based on its plain language, preventing EPA from claiming authority it does not possess.
The cost of operating vehicles is one of the most significant expenses for small business owners, and reducing it is a top priority for NFIB.EPA’s repeal of the Endangerment Finding would greatly lower regulatory hurdles impacting vehicle production, potentially saving consumers around $1.3 trillion. NFIB is proud to support thenew rule and will keep taking legal steps to cut unnecessary costs for our members.

