Eight States File to Intervene in Phase 2 Greenhouse Gas Rule on Truck Emissions

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Eight states and five environmental groups filed motions with a federal appellate court on Jan. 23, asking to intervene in a lawsuit brought by the Truck Trailer Manufacturers Association against two federal agencies over the Phase 2 greenhouse gas rule on truck emissions.

The states that combined in a single motion with the U.S. Court of Appeals for the District of Columbia Circuit are California — through its Air Resources Board — Connecticut, Iowa, Massachusetts, Oregon, Rhode Island, Vermont and Washington.

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The five environmental advocates that combined in a second motion are the Environmental Defense Fund, the Natural Resources Defense Council, the Sierra Club, the Center for Biological Diversity and the Union of Concerned Scientists.



All of them are seeking to intervene in support of the respondents — the U.S. Environmental Protection Agency and the National Highway Traffic Safety Administration, authors of the Phase 2 final rule.

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The motion by the eight states said they should be allowed to intervene because they, “have substantial interests in strong federal emissions standards because such standards are needed to secure nationwide emissions reductions that are crucial to mitigate climate impacts which are already being experienced by the proposed intervenor states. Any weakening or delay of the Phase 2 standards will result in increased harms to our natural resources, our economies and our citizens.”

TTMA filed a petition for review with the circuit court on Dec. 22, asking the court to vacate Section IV of the rule, which would regulate the manufacturing of trailers starting in 2018. The Racing Enthusiasts and Suppliers Coalition also filed with the court to review the rule.