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Texas joins in on lawsuit over rules on gas-powered trucks in California

Texas joined Nebraska's latest action against the EPA, along with Alabama, Florida, Georgia, and several others. Photo by Sander Yigin/Unsplash

A large group of Republican attorneys general on Monday took legal action against the Biden administration and California over new emissions limits for trucks.

Nebraska Attorney General Mike Hilgers is leading the group of GOP attorneys general who filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit to overturn an Environmental Protection Agency rule limiting truck emissions.

Texas joined Nebraska's latest action against the EPA, along with Alabama, Florida, Georgia, and several others.

A separate lawsuit against California claims a phased-in ban on internal-combustion trucks is unconstitutional and will hurt the U.S. economy.

Hilgers in a statement said the EPA and California rules “will devastate the trucking and logistics industry, raise prices for customers, and impact untold number of jobs across Nebraska and the country.”

“There’s not one trucking charging station in the state of Nebraska,” Hilgers later told reporters. “Trying to take that industry, which was built up over decades with diesel and fossil fuels-based infrastructure, and transforming it to an electric-based infrastructure – it’s probably not feasible.”

EPA officials have said the strict emissions standards will help clean up some of the nation’s largest sources of planet-warming greenhouse gases.

The new EPA rules are slated to take effect for model years 2027 through 2032, and the agency has said they will avoid up to 1 billion tons of greenhouse gas emissions over the next three decades.

Emissions restrictions could especially benefit an estimated 72 million people in the U.S. who live near freight routes used by trucks and other heavy vehicles and bear a disproportionate burden of dangerous air pollution, the agency has said.

A spokesperson for the EPA declined to comment on the legal challenge to the new rules Monday, citing the pending litigation.

California rules being challenged by Republican attorneys general would ban big rigs and buses that run on diesel from being sold in California starting in 2036.

An email seeking comment from California’s Air Resources Board was not immediately answered Monday.

California has been aggressive in trying to rid itself of fossil fuels, passing new rules in recent years to phase out gas-powered cars, trucks, trains and lawn equipment in the nation’s most populous state. Industries, and Republican leaders in other states, are pushing back.

Another band of GOP-led states in 2022 challenged California’s authority to set emissions standards that are stricter than rules set by the federal government. The U.S. Court of Appeals for the District of Columbia Circuit last month ruled that the states failed to prove how California’s emissions standards would drive up costs for gas-powered vehicles in their states.

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A View From HETI

SunPower is expanding its solar and VPP business in Texas. Photo via Unsplash

Utah-based solar technology and battery storage company SunPower has announced its expansion into Texas by acquiring “prime project assets” from Houston installer Green Light Solar.

As part of the deal, Green Light Solar CEO James Garrett will lead SunPower’s U.S. installation group. Garrett is based in the Houston area, according to LinkedIn.

Green Light Solar focuses on residential and commercial solar installations, battery backups and whole-home generators throughout Texas, Louisiana, Oklahoma and Colorado. As of press time, SunPower had not disclosed which specific projects or assets were included in the acquisition.

In addition to the Green Light acquisition, SunPower also announced its second strategic partnership with Fort Worth-based SOLRITE Energy, which provides solar and battery project financing and virtual power plant capabilities.

Through the partnership, SunPower plans to expand its residential solar and battery storage business and grow its virtual power plant (VPP) network in Texas.

A virtual power plant is a network of connected energy sources that can supply electricity to the grid when demand is high. The network draws on energy stored in individual residential and commercial battery systems. VPPs can also help participating homeowners generate additional revenue by selling their stored power.

“SOLRITE not only sources projects to us but also provides project funding for innovative systems with large batteries connected to a VPP, enabling power sales into the open market,” T. J. Rodgers, SunPower CEO, said in a news release. “That VPP capability provides an extra source of income that SOLRITE shares with homeowners and EPCs, making SOLRITE an attractive partner.”

SunPower will bring its sales, installation and lifetime warranty support to the partnership, while SOLRITE will provide its virtual power plant platform and solar financing capabilities, according to the release.

"Building our VPP business is a key part of SunPower’s growth strategy going forward,” Kapil Rai, EVP of Direct at SunPower, added in the release. “Our partnership with SOLRITE gives us a path to bring together customer acquisition, solar, storage deployment, and financing to develop this business in Texas and beyond.”

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