2nd Circ. Side-Eyes Vehicle Emissions Penalty Rollback

Law360 (June 1, 2020, 6:31 PM EDT) -- A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.

Several states including New York and California, along with Washington, D.C., the Natural Resources Defense Council and the Sierra Club, have asked the appeals court to overturn the National Highway Traffic Safety Administration's 2019 rule, which rolled back much higher penalties that were imposed during the Obama era. At oral arguments Monday, U.S. Circuit Judge Michael Park questioned NHTSA's argument that an inflation-adjustment law does not apply to...

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