NASSAU COUNTY CIVIC ASSOCIATION, INC.

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March 20, 2024

Biden Moves to Eliminate Gas Vehicles

New EPA rule seek to end consumer choice

The move to electric vehicles (EVs) by consumers has radically cooled. Ford has announced reductions in the production of EVs and companies like Toyota are looking more to hybrids. The rental car company, Hertz which purchased around fifty thousand EVs is now selling off twenty thousand EVs due to a lack of demand. This reality reflects the significant problems affecting electric vehicles such as a lack of charging infrastructure, poor quality control and high cost to purchase. This in turn has reduced consumer demand. Even so, the Biden administration while acknowledging these concerns, went forward with a slight revision to the already aggressive rule by the Environmental Protection Agency (EPA) that seeks to reduce the majority of vehicle emissions by 2032. Either way, the prior rule or revised rule will effectively lead to the elimination of gas powered vehicles due to the lack of feasibility to further reduce emissions from gas powered vehicles as required. 

The prior EPA rule called for a significant reduction of vehicle emissions which would require up to 67% of all vehicles sold to be electric by 2032. The revised rule calls for 56% of all new car sales to be electric vehicles and 13% to be hybrids by 2032. This would impact model year vehicles begining in 2027 through 2032. While Congress did not pass legislation authorizing this change, the Biden Administration is relying on executive authority via rule making to enact regulatory changes. Operating without any mandate, the current administration is attempting to dictate the type of vehicles manufacturers may produce and therefore eliminate the American people's choice to purchase gas powered vehicles. If the people through their elected representatives did not give legislative approval to the Biden Administration to upend the entire American economy, his effort to rely solely on executive action is doomed to fail.

America stands for freedom and our government must answer to the people. The constitution was not drafted to confirm our natural rights but to constrain the excess of government to deny our rights. If there was ever a case for governmental over reach, this would certainly qualify. Every American has a right to determine the type of vehicle they want to purchase and operate. If someone wants to purchase an electric or hybrid vehicle, that is their right to do so. Purchasing a gas powered vehicle is no different. After all, it is a legal product. The desire of the Biden Administration to regulate gas powered vehicles and all other carbon energy powered appliances out of existence is beyond the scope of executive power. This radical change will impact all sectors of the economy and will create a ripple effect both in America's energy and transportation systems. This rush off the cliff's edge must be reined in. Fortunately, a pending case before the United States Supreme Court (SCOTUS) may ultimately resolve this issue. 

In Loper Bright Enterprises v. Raimondo, a commercial fishing company was ordered by the National Marine Fisheries Service to pay the cost of observers to ensure their compliance with the agency's directives This challenge seeks to invalidate the precedent of "Chevron Deference" which grants executive agencies the discretion to determine congressional intent when there is an ambiguity in a statute passed by congress. If the precedent is over turned, courts will again have the ability to interpret what the law is and its scope as legislated by congress. Even with this pending case, congress must act to block the EPA rule change.

As it has been said time and time again, elections have consequences. Also timing is everything. This November, the American people will have an opportunity to weigh in on consumer choice and freedom. Freedom always wins.