Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What you need to know about the EPA's new Clean Truck Initiative

Author: Scarinci Hollenbeck, LLC

Date: December 17, 2018

Key Contacts

Back

The U.S. Environmental Protection Agency (EPA) recently announced the Cleaner Truck Initiative (CTI)

The U.S. Environmental Protection Agency (EPA) recently announced the Cleaner Truck Initiative (CTI). The centerpiece of the initiative is a forthcoming rulemaking to decrease emissions of nitrogen oxide (NOx) from heavy-duty trucks and engines. According to the EPA, the new rulemaking will lower emissions, while also streamlining regulatory compliance.

EPA Cleaner Truck Initiative

The EPA last addressed NOx standards for onroad heavy-duty trucks and buses in January 2001. While U.S. NOx emissions dropped by more than 40 percent from 2007 to 2017, the EPA expects that heavy-duty trucks will be responsible for one-third of NOx emissions from transportation in 2025.  “Updating these standards will result in NOx reductions from mobile sources and could be one important way that allows areas across the U.S. to meet National Ambient Air Quality Standards for ozone and particulate matter,” the EPA said in a press statement announcing the initiative.

The EPA also plans to reduce regulatory burdens through its new emissions rulemaking. “The CTI will cut unnecessary red tape while simplifying certification of compliance requirements for heavy-duty trucks and engines,” the EPA stated. “Areas of deregulatory focus will include onboard diagnostic requirements, cost-effective means of reassuring real world compliance by using modern and advanced technologies, the deterioration factor testing process, and concerns regarding annual recertification of engine families.”

The EPA intends to publish a proposed rule in early 2020 after engaging with stakeholders.

Lawsuit Over Fuel Efficiency Standards

The EPA’s new initiative stands in stark contrast to the Trump administration’s decision to rollback rules to impose stronger fuel-economy standards on light-duty vehicles. Beginning in 2010, the EPA, the National Highway Traffic Safety Administration, and the California Air Resources Board established a single national program of greenhouse gas emissions standards for model year 2012-2025 vehicles. Under the Obama-era regulations, the standard for average fuel efficiency would increase to 54.5 miles per gallon by 2025. 

Last year, the EPA affirmed that the national standards were appropriate based on an extensive record of data. However, the agency announced in April that the fuel efficiency standards “may be too stringent” and should be revised.

One month later, New Jersey joined a coalition of 17 states in filing suit against the EPA. In a press release, the states said their lawsuit “seeks to set aside and hold unlawful the EPA’s effort to weaken the nation’s existing clean car rules … based on the fact that the EPA acted arbitrarily and capriciously, failed to follow its own regulations, and violated the Clean Air Act.”

In August, the EPA and NHTSA released a notice of proposed rulemaking, the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (SAFE Vehicles Rule). It calls for freezing the model year 2020 standards of 35 miles-per-gallon through 2026. The proposed rule also calls for a national emissions standard, which would revoke the authority of states like California to enact tougher emissions standards.

Last month, New Jersey Attorney General Gurbir Grewal joined the attorneys general of 20 other states in submitting a comment letter to the EPA that called on the agency to reconsider the SAFE Vehicles Rule. “It is time for Washington to step up to combat climate change, not fall down on the job,’’ Grewal said. ‘’Unfortunately, EPA is relying on flawed science and flawed policy to cut back on our country’s clean car rules.”

Emissions regulations are poised to be a key regulatory issue in 2019 and beyond. The attorneys of the Scarinci Hollenbeck Environmental Law Group will continue to monitor the proposed environmental regulations, as well as the related legal challenges.

If you have any questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Hunain Sarwar, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!