Judge hits brakes on car dealers’ lawsuit against state rule boosting fuel efficiency

A state district judge has dismissed a lawsuit by the Colorado Automobile Dealers Association that claimed tougher statewide vehicle fuel standards are unlawful and should be tossed out.

Denver District Judge Martin Egelhoff wrote in a decision released Monday that the dealers’ association didn’t have legal standing to challenge the rule, meaning it didn’t show that the rule would harm its legally protected interests.

The trade association sued after the Colorado Air Quality Control Commission approved a rule last November to boost the fuel efficiency standard for cars sold in the state. Starting in 2022, new lightweight and medium-duty vehicles will have to get roughly 39 miles per gallon.

The auto dealers’ association said in its lawsuit that the rule, based on California’s standard, will drive up the price of vehicles for dealers and buyers. The trade group also accused state regulators of making up their minds before taking public input.

But environmental organizations said the new standard will ensure vehicles will emit less climatechanging greenhouse gases even if federal standards are rolled back.

“We’re glad the courts recognized Colorado’s right to act against air pollution. Coloradans will save billions on fuel over the next decade as a result,” Travis Madsen, transportation program director at the Southwest Energy Efficiency Project, said in a statement.

The automobile association didn’t return requests for comment.

The lawsuit named the Colorado Department of Public Health and Environment, the state air quality control commission and the air pollution control division.

“We believed that the low emission vehicle rule and process complied with all laws, and there was no basis for a challenge. We are pleased that the courts agreed. We are now moving forward to pursue the zero-emission vehicle standard,” Garry Kaufman, director of air pollution control division, said in a statement.

Approval of the more stringent standards in Colorado followed the Trump administration’s proposal to roll back the Obama administration’s requirement for automakers to nearly double the average fuel economy of new cars and trucks by 2025.

California is the only state that has a waiver under the federal Clean Air Act to impose its own vehicle fuel standards. States without waivers can approve a separate standard as long as it’s identical to California’s, which Colorado’s is.

In August, state regulators plan hearings to consider adopting California’s zero-emission vehicle standard. A certain percentage of manufacturers’ vehicles sold in Colorado would have to be electric, likely between 6 percent and 10 percent, starting with the 2023 model year.