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Trump EPA eliminates emissions limits for US automakers. State rules and lawsuits may follow.

The repeal by President Donald Trump of the federal climate regulations will free automakers of costly emissions standards at the tailpipe. However, the move may spark lawsuits or force businesses to navigate a future of uncertain state and regional rules. Trump's Environmental Protection Agency finalized on Thursday its repeal of "endangerment findings" for vehicles. This was a 2009 determination that greenhouse gas emission endanger the health of humans. The agency was given the authority to regulate vehicle emissions, and those from other sectors which produce or burn fossil fuels. Trump claimed that the "biggest deregulation action" of all time would save companies more than $1 trillion on compliance costs. Environmental groups criticized the move. It was praised by some industry groups, but met with caution by others.

The ten lawyers and analysts interviewed for the said companies are facing a bumpy road, citing impending court challenges as well as the possibility of a patchwork state and regional emission rules replacing one federal regulation.

Rob Bonta is the attorney general of California. The state has been considering a lawsuit. Matthew Leopold is an environmental lawyer at Holland & Knight, who was the EPA's general counsel under Trump's first presidency. He said that the strategies of companies to adjust to the repeal would depend on the speed with which legal challenges are brought before the U.S. Supreme Court and resolved. He said utilities, as well as other large emitters, will want to understand the implications.

This initial rulemaking, while focusing on motor vehicle regulations, will also have ripple effects on the other EPA programs. Leopold said, "It's the basis of all EPA greenhouse-gas regulation in all sectors."

The EPA relies on the finding of endangerment to regulate oil and gas operations, power plants and vehicle manufacturers. About half of U.S. emissions are from transport and power.

Trump called climate change "a con job" and withdrew the U.S. from international efforts against it. The U.S. is the largest emitter in history.

CAUTIOUS REACTION

The first Trump administration didn't want to revisit the endangerment ruling, because industry groups were against it and the then-EPA acting general counsel?David Fotouhi stated that the disruption would be too risky. In a Thursday press release, the EPA said that it was more bold this time, after Supreme Court decisions such as Loper Bright Enterprises v. Raimondo determined that Congress should be making these determinations, and not administrative agencies.

Some industry groups, including the Independent Petroleum Association of America (IPA) and the Marcellus Shale Association (MSA), praised the EPA's decision. Specialty Equipment Market Association (SEMA), a trade association for companies who supply equipment for vehicles with internal combustion engines, has said that the decision will "directly affect the range of vehicle choices available in the coming year."

Environmental groups condemned the move, and pointed out that major industry groups didn't seem to be in agreement either. David Doniger is a senior attorney at the Natural Resources Defense Council. He cited Ford's and Honda's public statements from last fall. Both automakers supported the decision to keep it in place for a stable regulatory climate.

Doniger stated that "they're concerned about the political pendulum swung back in a couple of years."

Honda has not responded to a'request for comments on the EPA decision. Ford applauded the administration's efforts to address the "imbalance" between the current emission standards and the customer choice, but stated that it had advocated for a single national standard rather than separate state standards.

The Alliance for Automotive Innovation said that the Trump endangerment bill repeal was not supported by the Alliance for Automotive Innovation on Thursday, but added "automotive emission regulations finalized under the previous administration are extremely difficult for automakers to meet given the current market demand for EVs."

The American Petroleum Institute stated that it did not support a repeal of endangerment findings, but supported the action taken by the administration to end the electric vehicle mandates.

Dustin Meyer, Senior Vice President for Policy and Regulatory Affair at API, said in a press release that the trade association supports federal regulation on emissions. This includes methane emitted by oil and gas operations.

He said, "Our current focus is on developing policies that will reduce emissions and meet the growing energy demand."

The Chamber of Commerce announced on Thursday that it would take a few extra days to study the new rule and its effects.

Marty Durbin is the president of Global Energy Institute, a part of the Chamber. He said, "We did not ask the EPA to revisit or rescind its 2009 Endangerment Finding. However, we will carefully review the details of this final regulation and engage with our membership to assess the implications and long-term impacts." Edison Electric Institute (EEI), which represents large U.S. utility companies, stated that they are reviewing the new rule and will continue to collaborate with the Administration in order to improve grid reliability and lower energy prices for all customers. Ann Carlson is an environmental law professor from the University of California Law School. She agreed that the federal authority to regulate greenhouse gas emissions would no longer preempt any state action.

She said that if greenhouse gases were not subject to the Clean Air Act then states could regulate them on their own. (Reporting and editing by David Gregorio; Additional reporting by David Shepardson)

(source: Reuters)