Las Vegas Review-Journal

Minnesota ‘Clean Car Rule’ upheld

Appeals court ruling tied to California

- By Steve Karnowski

ST. PAUL, Minn. — The Minnesota Court of Appeals on Monday upheld the state’s “Clean Car Rule,” which ties the state’s vehicle emission standards to California regulation­s, as judges accepted assurances that California’s planned phaseout of gasoline-powered cars won’t automatica­lly apply in Minnesota.

A three-judge panel rejected the arguments of Minnesota’s auto dealers, who contended that state pollution regulators exceeded their authority and unconstitu­tionally delegated their rule-making authority to California.

The appeals court concluded that the Minnesota Pollution Control Agency acted within its statutory authority and that the state’s rule is therefore valid. The decision was a victory for the administra­tion of Democratic Gov. Tim Walz, which adopted the rule in 2021 amid a fight with Republican lawmakers who were upset that the Legislatur­e was cut out of the decision. It takes effect in the 2025 model year and is meant to increase the supply and selection of electric vehicles.

The Minnesota Automobile Dealers Associatio­n expressed disappoint­ment with the ruling and said it would consider whether to appeal. While manufactur­ers are ramping up production, the group contends that the rule could still saddle dealers with more electric vehicles than consumers want to buy.

“The one good thing to come from today’s decision is that if Minnesota wants to go forward with the new rule recently adopted by California, the MPCA will need to affirmativ­ely conduct new rulemaking,” Scott Lambert, president of the dealers’ associatio­n, said in an email.

According to the California Air Resources Board, 17 states have chosen to link their emission standards to California’s, which are stronger than federal regulation­s. Under the federal Clean Air Act, states generally must follow California’s standards or default to the the federal standards. The issue further heated up after California last August went even further, putting itself on a strictesti­n-the-nation path toward requiring that all new vehicles be electric or hydrogen-powered by 2035.

That decision is forcing the other states to decide whether they now want to follow California down that path. Vermont, New York, Oregon, Washington, Massachuse­tts and Delaware have either already adopted similar new rules, begun rule-making or indicated interest in doing so.

Colorado has decided not to follow California’s ban but has committed to continuing to grow its electrical vehicle market and to increase consumer access to more models.

The Minnesota Court of Appeals accepted the MPCA’S arguments that the state would have to launch an entirely new rule-making process to adopt California’s ban on new gasoline-powered vehicles. Agency officials said in court filings, legislativ­e hearings and at a news conference with the governor last year that they had no immediate plans to do so, but they didn’t rule it out, either.

“This standard is an important part of reducing greenhouse gas emissions in Minnesota, while the state also builds out the electric vehicle charging network, advances alternativ­e modes of transporta­tion and works to create cleaner fuels that support Minnesota’s economy,” MPCA spokeswoma­n Andrea Cournoyer said.

 ?? Steve Karnowski The Associated Press ?? A Minnesota appellate court decision to uphold the state’s “Clean Car Rule” is a win for Democratic Gov. Tim Walz, center, whose administra­tion adopted the rule in 2021.
Steve Karnowski The Associated Press A Minnesota appellate court decision to uphold the state’s “Clean Car Rule” is a win for Democratic Gov. Tim Walz, center, whose administra­tion adopted the rule in 2021.

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