FOR IMMEDIATE RELEASE:
Monday June 13, 2022
Contact:
Chris Mulcahey
Upper Midwest Law Center Challenges State’s California Car Rules
UMLC filed a petition on behalf of the Minnesota Automobile Dealers Association to invalidate the Minnesota Pollution Control Agency’s California car rules
Golden Valley, MN – Last week, the Minnesota Automobile Dealers Association (MADA), represented by the Upper Midwest Law Center (UMLC), filed a lawsuit challenging the Walz Administration’s adoption of California car rules.
The lawsuit alleges that the Minnesota Pollution Control Agency (MPCA) exceeded its authority by delegating Minnesota’s rulemaking power to the California Air Resources Board (CARB), the motor vehicle emissions regulator for California. The lawsuit also alleges that Minnesota doesn’t qualify for the “California waiver” to the federal Clean Air Act’s emissions standards because it doesn’t have the same air quality issues as California.
Under federal law, any state wishing to adopt California’s Emission Rules, which are adopted by the CARB, must have had a designated geographic area that fails to meet federal air quality standards (known as “non-attainment” areas). Minnesota has not had a designated non-attainment area for greenhouse gases for over 20 years.
“The California car rules hand Minnesota’s rulemaking authority over to California regulators,” said James Dickey, UMLC Senior Trail Counsel. “Our Constitution prohibits this. So does federal law—Minnesota is not California and does not have the same issues California has. Minnesota has no areas failing to comply with federal air quality requirements.”
MADA President “The Walz Administration has put Minnesota on a ruinous economic path that will mandate an oversupply of electric vehicles that will far outpace consumer demand and culminate in a complete ban on the sale of gas-powered vehicles by 2034,” said Scott Lambert, MADA President.
“Dealers are all in for the adoption of EVs and are making sizeable investments in their businesses to get ready for an expected increase in demand,” added Lambert, “but they’re making plans based on consumer appetite, not what California dictates.”
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Upper Midwest Law Center is a non-profit, public interest law firm with the mission to initiate pro-freedom litigation to protect against constitutional violations, government overreach, special interest agendas and public union corruption and abuses. UMLC is a 501(c)(3) organization.
The Minnesota Auto Dealers Association is non-profit organization that represents all 375 franchised new car and truck dealers in Minnesota. Established in 1917, the group advocates for its members and provides training and information on topics important to the retail automotive industry.
