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EPA sued over 'capricious' big rig emissions standards critics claim could cripple corn industry

Trade, consumer and agriculture groups launched legal action in Washington, D.C., court this week over Biden administration regulatory rules focusing on big-rigs and buses.

One week after challenging the Biden administration’s sweeping new emissions standards for cars and light-duty vehicles, a coalition of agricultural, manufacturing and energy production concerns launched lawsuits to block impending rules on trucks and buses.

The new standards apply to "heavy-duty vocational vehicles," which also include garbage trucks and bobtails.

While the Biden administration and its agencies have strenuously denied the new rules represent a forthcoming "ban" on internal combustion engines, plaintiffs were not convinced as they filed petitions in Washington, D.C., federal court this week.

The American Petroleum Institute (API) led one suit, which included the American Farm Bureau Federation, Corn Growers Association and Owner-Operator Independent Drivers Association.

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The groups named the Environmental Protection Agency (EPA) and Biden-appointed administrator Michael Regan as defendants, while a group headlined by the American Fuel & Petrochemical Manufacturers (AFPM) named only the agency.

The latter suit included energy production-related groups on the Gulf Coast, marketing groups, California manufacturing associations, and a machinist and aerospace workers union.

The API-led action alleged the EPA’s final rule on heavy-duty vehicles violates federal law prohibiting "arbitrary and capricious" statutory provisions, and they petitioned the court to throw it out.

AFPM’s court action claimed the EPA’s new regulation wrongly imposes an electrification mandate on the nation’s trucking sector.

"The EPA does not have authority under the Clean Air Act to restrict Americans’ access to or use of internal combustion engine technology," AFPM general counsel Rich Moskowitz told Fox News Digital.

"The Heavy-Duty Vehicle (HDV) regulation finalized this spring aims to phase-out trucks that run on American-made, American-grown diesel, biodiesel, renewable diesel and renewable natural gas [and] Americans will pay dearly because of it."

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Moskowitz added that the EPA’s policies will put undue strain on the national electric grid, cause traffic problems and wrongly make a sweeping policy change without Congress’ blessing.

A representative for API echoed Moskowitz’ sentiments, telling Fox News Digital the group is defending consumers who rely on trucks to deliver goods they use every day. 

"The EPA is forcing a switch to technology that simply does not presently exist for these kinds of vehicles – and even if it were someday possible, it will almost certainly have consequences for your average American," API Senior Vice President Ryan Meyers said.

"This is sadly yet another example of this administration pushing unpopular policy mandates that lack statutory authority, and we look forward to holding them accountable in court."

An official with the corn growers group said that the rule unduly hurts U.S. grain farmers who help supply the ethanol now otherwise standard in American gasoline.

"EPA has tried to impose a one-size-fits-all approach to addressing climate change by prioritizing electric vehicles over other climate remedies like corn ethanol," Minnesota farmer and National Corn Growers Association President Harold Wolle said.

"Ethanol is not only critical in the climate fight, but it also saves consumers money at the pump while benefiting America’s rural economies. We look forward to making this case in court."

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In an official fact sheet covering its March announcement of the new emissions rules, the EPA called them "technology-neutral and performance-based; allowing each manufacturer to choose what set of emissions control technologies is best suited to meet the standards and the needs of their customers."

"These greenhouse gas reductions will benefit all U.S. residents, including populations such as people of color, low-income populations, indigenous peoples, and/or children that may be especially vulnerable to various forms of damages associated with climate change."

The EPA did not respond to a request for comment on the truck rule lawsuit, but told Fox News Digital, in response to the light-duty truck and car rule petition, the new rule does not negatively affect consumers or choice.

"By encouraging continued development of more efficient vehicles, EPA’s standards … accelerate[e] adoption of technologies that reduce fuel and maintenance costs as well as pollution," an EPA spokesperson said at the time.

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