Nebraska Attorney General Mike Hilgers announced today that the U.S. Environmental Protection Agency (EPA) has closed the file on California’s request for a waiver for its Advanced Clean Fleets regulation.
In September 2024, Attorney General Hilgers led a 24-State coalition in filing a formal comment letter with the EPA opposing California’s request. California’s Advanced Clean Fleets regulation attempts to impose an electric-truck mandate on fleet owners, operators, and manufacturers—including trucking companies that drive one truck for as little as one day per year in California. Under the Clean Air Act, California cannot enforce Advanced Clean Fleets without a waiver from EPA.
Attorney General Hilgers’s letter opposing California’s waiver request argued that the EPA should not allow California to exceed its statutory and regulatory authority by implementing an electric-vehicle mandate that is sure to disrupt the Nation’s logistics and transportation industries. Earlier this month, EPA granted several other requests that California made, but it did not act on California’s Advanced Clean Fleets request. California withdrew its request by letter yesterday, and today, the EPA closed the file.
“California does not have the legal authority to force the rest of the country to transition to electric trucks. Our letter explained why California’s attempt to export its radical electric-truck mandate was unconstitutional, unlawful, and bad policy. This development is a win for the rule of law and freedom from unaccountable bureaucrats on both coasts,” said Attorney General Hilgers.
Attorney General Hilgers is leading a separate 17-State coalition in challenging Advanced Clean Fleets in the Eastern District of California. That litigation remains pending.
Joining Attorney General Hilgers on the comment were attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.