road block

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

Lummus Technology has broken ground on a new plant in Texas that will support Advanced Ionics' hydrogen electrolyzer technology. Photo via lummustechnology.com

Houston’s Lummus Technology and Advanced Ionics have broken ground on their hydrogen pilot plant at Lummus’ R&D facility in Pasadena.

The plant will support Advanced Ionics’ cutting-edge electrolyzer technology, which aims to deliver high-efficiency hydrogen production with reduced energy requirements.

“By demonstrating Advanced Ionics’ technology at our state-of-the-art R&D facility, we are leveraging the expertise of our scientists and R&D team, plus our proven track record of developing breakthrough technologies,” Leon de Bruyn, president and CEO of Lummus, said in a news release. “This will help us accelerate commercialization of the technology and deliver scalable, cost-effective and sustainable green hydrogen solutions to our customers.”

Advanced Ionics is a Milwaukee-based low-cost green hydrogen technology provider. Its electrolyzer converts process and waste heat into green hydrogen for less than a dollar per kilogram, according to the company. The platform's users include industrial hydrogen producers looking to optimize sustainability at an affordable cost.

Lummus, a global energy technology company, will operate the Advanced Ionics electrolyzer and manage the balance of plant systems.

In 2024, Lummus and Advanced Ionics established their partnership to help advance the production of cost-effective and sustainable hydrogen technology. Lummus Venture Capital also invested an undisclosed amount into Advanced Ionics at the time.

“Our collaboration with Lummus demonstrates the power of partnerships in driving the energy transition forward,” Ignacio Bincaz, CEO of Advanced Ionics, added in the news release. “Lummus serves as a launchpad for technologies like ours, enabling us to validate performance and integration under real-world conditions. This milestone proves that green hydrogen can be practical and economically viable, and it marks another key step toward commercial deployment.”

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