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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

MetOx has named where its new facility will be going. Photo via metoxtech.com

Houston-based manufacturer of high-temperature superconducting wires MetOx International Inc. will build a major production facility in Chatham County, North Carolina, which is expected to create 333 jobs, and invest $193.7 million in the state.

MetOx is a leader in High Temperature Superconducting technology (HTS), which is an advanced power delivery technology that is capable of transmitting extremely high power at low voltage with zero heat generation or energy loss. The technology is assisting in the energy sectors like power transmission, distribution, and grid expansion.

“Establishing our new large-scale manufacturing facility in Chatham County is a pivotal step toward securing a reliable, domestic supply of HTS wire for the development of critical infrastructure in the United States,” Bud Vos, CEO of MetOx, says in a news release. “This facility will not only deliver transformative energy technologies that strengthen our grid and reduce carbon emissions but also create high-paying manufacturing jobs in a community eager to lead in innovation. We are proud to partner with North Carolina to drive forward a resilient energy future built on cutting-edge science and strong local collaboration.”

The new facility is funded in part by an $80 million investment from the United States Department of Energy, which the company announced in October. In September, the company closed $25 million in a series B extension round.

MetOx also announced last month that received an undisclosed investment from Hawaii-based Elemental Impact, which is a leading climate-focused investment platform. As a national implementation partner for the EPA's $27 billion Greenhouse Gas Reduction Fund, Elemental Impact has received $100 million to deploy later-stage commercialized technologies according to the company.

The funding is expected to advance the expansion of MetOx’s Houston production line and the deployment of its HTS wire, which can make transmission cables up to ten times more efficient than traditional copper cables and will be used at the North Carolina facility.

“Building domestic manufacturing capacity for critical grid technologies is essential for America’s energy future," Danya Hakeem, vice president of Portfolio at Elemental Impact, says in a news release. “MetOx’s expansion in Houston demonstrates how we can simultaneously advance grid modernization and create quality manufacturing jobs. Their technology represents exactly the kind of innovation needed to unlock the next wave of clean energy deployment.”

The project in North Carolina will be facilitated with a Job Development Investment Grant formally awarded to a new company being created by MetOx. In the 12-year term of the grant, economists in the Department of Commerce estimated the project will grow North Carolina’s economy by $987.8 million.

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