COLORADO EXECUTIVE ORDERS & REGULATIONS
Executive Orders
- Hickenlooper B 2018 006, “Maintaining Progress on Clean Vehicles”
- https://drive.google.com/file/d/1oioG7VX4XMJ-t-2q7FYNlqhr-H6kj7vw/view
- Executive order for the Air Quality Control Commission to consider adopting California’s vehicle emission standards
- Polis B2019 002, “Supporting a Transition to Zero Emission Vehicles”
- https://www.colorado.gov/governor/sites/default/files/inline-files/b_2019-002_supporting_a_transition_to_zero_emissions_vehicles.pdf
- Governor Jared Polis issues an executive order directing CDPHE to amend Regulation 20 to incorporate California’s Zero Emission Vehicle (ZEV) standards into Colorado’s statutes
Regulations
- Regulation 20 (CLEAR)
- https://drive.google.com/file/d/1RPTsQgSNltEHnYtyXHuZ0KFoExPED1HB/view
- Regulation 20 holds Colorado to the California Low Emission Vehicle Standards
COLORADO REGULATION 20 (CLEAR)
General Information
- Colorado Department of Public Health & Environment: Low Emission Vehicle Standards Webpage
- https://www.colorado.gov/pacific/cdphe/Low_Emission_Vehicle_Standard
- Contains general information regarding the executive order and the adoption of Regulation 20 (CLEAR)
- Colorado Department of Health PowerPoint Presentation
- https://drive.google.com/file/d/1KhmRtBeWqGsjrvyU8JQ2T_3Gjj1HC_mb/view
- An outline of the proposed Regulation 20 (CLEAR)
- Google Drive with Regulation 20 Documents
- https://drive.google.com/drive/folders/1mdVofJCLxxoa3h66DnUdFsYcUsbT0KiK
- Documents entailing the various stakeholders’ testimony given for and against Regulation 20.
Articles
- Colorado Politics: California emission standard could do more harm than good for Colorado (2018)
- https://www.coloradopolitics.com/opinion/california-emissions-standard-could-do-more-harm-than-good-for/article_8d5e60c8-25ba-5439-a403-82530f011595.html
- Lays out an unintended consequence of Regulation 20 – that it may actually increase air pollution/carbon emissions since people stay in their older, less environmentally friendly cars when regulations make new vehicles prohibitively expensive
- Colorado Automobile Dealers Association: Bulletin, Vol. 19, Issue 6, (2018)
- https://www.colorado.auto/sites/default/files/June%20Bulletin%20vFinal.pdf
- Colorado Automobile Dealers Association’s June 2018 Bulletin. See pg.’s 14-16 for information regarding Colorado’s decision to adopt Regulation 2.
- Automotive News: Dealers sue Colorado over newly adopted vehicle emissions rules (2019)
- https://www.autonews.com/regulation-safety/dealers-sue-colorado-over-newly-adopted-vehicle-emissions-rules
- Discusses the Colorado Automobile Dealers Association (CADA) decision to sue the government over Regulation 20, claiming that, in addition to doing irreparable damage to Colorado’s economic and environmental welfare, the regulation violates Colorado’s Administrative Procedures Act
- The Colorado Sun: Auto dealers sue state to prevent Colorado’s adoption of California low-emission vehicle standard (2019)
- https://coloradosun.com/2019/01/29/auto-dealers-sue-colorado-low-emission-vehicle-standard/
- Presents the Air Pollution Control Division's position on CADA’s lawsuit. The division claims the Regulation 20 procedures were fair, and that it accurately determined Regulation 20 will be cost effective
- The Journal: Colorado Adopts California’s Emissions Standards (2019)
- https://the-journal.com/articles/117633
- Addresses why CO adopted CA’s standards - in order to preempt Trump-administration rollbacks
Videos
- IITV: Devil’s Advocate with Tim Jackson (2018)
- https://www.youtube.com/watch?v=Z_t10_IjUFU&feature=youtu.be
- John Caldara interviews Tim Jackson, Colorado Automobile Dealers Association president, on LEV/ZEV regulations in Colorado
- Jackson speaks to new vehicle price increases due to the emission standards
COLORADO ZERO EMISSION VEHICLE MANDATE
General Information
- Colorado Department of Public Health & Environment: Zero Emission Vehicle (ZEV) Mandate Webpage
- https://www.colorado.gov/pacific/cdphe/zero-emission-vehicle-mandate-proposal
- Contains general information and the calendar outlining the various procedure dates for Summer 2019 to discuss amending Regulation 20 include a ZEV mandate.
- Colorado State Government: Colorado Electric Vehicle Plan (2018)
- https://www.colorado.gov/pacific/energyoffice/atom/162026
- A favorable analysis of adopting California’s ZEV standards
ZEV Stakeholder Meetings
- September 20, 2018 Zero Emission Vehicle Stakeholder meeting:
- October 19, 2018 ZEV stakeholder meeting:
- November 30, 2018, ZEV Stakeholder Meeting:
- March 27, 2019, ZEV Stakeholder Meeting:
- May 6, 2019, ZEV Stakeholder Meeting:
Articles
- Colorado Politics: Opinion Piece; Heed Colorado consumers – not California regulators – on electric cars (2019)
- https://www.coloradopolitics.com/opinion/heed-colorado-consumers-not-california-regulators-in-promoting-electric-cars/article_9e243c1c-7859-11e9-a690-8f270884a43e.html
- Opinion editorial piece written by Tim Jackson, Colorado Automobile Dealers Association (CADA) president
- He argues California’s vehicle emission regulations have not been effective, and that CADA's market-based solutions have dramatically reduced automobile pollution
- Reuters: Volkswagen’s Electrify American buys Tesla devise for EV charging stations (2019)
- https://www.reuters.com/article/us-volkswagen-electrifyamerica-tesla/volkswagens-electrify-america-buys-tesla-devices-for-ev-charging-stations-idUSKCN1PT1NK
- Goes over how Volkswagen subsidiary Electrify America is expanding electric vehicle infrastructure and installing Tesla batteries at charging stations in order to suppress recharging prices
- McKinsey & Company: How battery storage can help charge the electric-vehicle market (2018)
- https://www.mckinsey.com/business-functions/sustainability/our-insights/how-battery-storage-can-help-charge-the-electric-vehicle-market
- Report about energy storage (batteries) making it feasible/affordable to charge an electric vehicle during peak demand
HISTORY OF EMISSION STANDARDS
Clean Air Act
- US Legal: Clean Air Act
- https://environmentallaw.uslegal.com/federal-laws/clean-air-act/
- Summary of the Clean Air Act, the legal policy forming the basis of US air pollution control measures.
California’s Waiver from Clean Air Act
- J. Bradley and Associates: California’s Light-Duty Vehicle Emissions Standards: The Clean Air Act Waiver, Standards History, and Current Status (2017)
- https://www.mjbradley.com/sites/default/files/MJB%26A_IssueBrief_CA%20Vehicle%20Emissions%20Waiver_2017-04-25.pdf
- General history of the Clean Air Act and California’s relationship to it
- Discusses the method in which California is granted a waiver and why it may implement its own emission standards
- The Conversation: Why California Gets to Write Its Own Emissions Standards: 5 Questions Answered (2018)
- http://theconversation.com/why-california-gets-to-write-its-own-auto-emissions-standards-5-questions-answered-94379
- Goes over why California is able to adopt different emission standards, the history of the process, and how other states can choose to either abide by federal regulations or California’s.
- Reason: Will EPA Trump California’s Clean Air Act Waiver? (2018)
- https://reason.com/2018/08/10/will-epa-trump-californias-clean-air-act/
- Suggests a different scenario, one where Trump gives more states authority to set their own emission standards
- Argues that a truly federalist system of government will allow different states to adopt environmental regulations tailored to local needs
HISTORY OF CORPORATE AVERAGE FUEL ECONOMY STANDARDS
- The Pew Environment Group: History of Fuel Economy (2011)
- https://www.pewtrusts.org/~/media/assets/2011/04/history-of-fuel-economy-clean-energy-factsheet.pdf
- History of the adjustments made to fuel efficiency regulations. Tracks the standards beginning in 1975.
- Union of Concerned Scientists: A Brief History of US Fuel Efficiency Standards (2017)
- https://www.ucsusa.org/clean-vehicles/fuel-efficiency/fuel-economy-basics.html
- A Union of Concerned Scientists piece on the history of fuel efficiency regulations.
- Discusses former President Obama’s One National Vehicle Standard Programand highlights supposed benefits from fuel standards (i.e., reduction in oil consumption, creation of jobs, reduction in global warming pollution, and the generation of consumer savings).
- Techzone: A Comprehensive History of Reducing Automotive Emissions (2018)
- https://www.techzone360.com/topics/techzone/articles/2018/11/26/440410-comprehensive-history-reducing-automotive-emissions.htm
- Discusses how automobile emissions have been significantly curtailed since the EPA first enacted regulations the 1970s.
- Argues innovation has played a significant part in reducing vehicle emissions.
FORMER PRESIDENT OBAMA'S ONE NATIONAL VEHICLE PROGRAM
General Information
- Union of Concerned Scientists: The National Program: Fuel Efficiency and Global Warming Pollution Standards (2011)
- https://www.ucsusa.org/sites/default/files/legacy/assets/documents/clean_vehicles/UCS-The-National-Program.pdf
- Fact sheet that give general overview of the One National Vehicle Program.
Studies/Articles
- Heritage Foundation: Fuel Economy Standards Hurtt the Middle Class (2016)
- https://www.heritage.org/government-regulation/commentary/fuel-economy-standards-hurt-the-middle-class
- Argues that CAFE standards have been generally harmful because they have increased the price of vehicles, severely hurting the middle class, and made fuel cheaper, which has resulted in more driving
- Foundation for Economic Education: The EPA’s New Fuel Standard will Kill People (2016)
- https://fee.org/articles/the-epas-fuel-economy-standard-will-kill-people/
- Alleges CAFE standards have worsened vehicle safety because the least expensive way for auto manufacturers to comply with fuel economy standards has been to make cars lighter
- Reason Foundation: CAFE and ZEV Standards: Environmental Effects and Alternatives (2017)
- https://reason.org/wp-content/uploads/2017/08/cafe_zev_standards_environment_alternatives.pdf
- Contends that, because CAFE standards increase the cost of gas guzzlers, consumers will refrain from purchasing new cars longer, and hang on to their old, less environmentally friendly ones. This gives gas-guzzlers a much longer life-span than many estimates assume, significantly reducing any effect that CAFE standards have on environmental clean-up.
- Heritage Foundation: Fuel Economy Standards Are a Costly Mistake (2016)
- https://www.heritage.org/government-regulation/report/fuel-economy-standards-are-costly-mistake
- Asserts CAFE standards are an inefficient way of reducing vehicle emissions and improving fuel economy
- Also discusses their many unintended, negative repercussions
- Auto Alliance: Statement before U.S. House of Representatives Energy and Commerce Committee, Subcommittee on Commerce, Manufacturing, and Trade, and the Subcommittee on Energy and Power (2016)
- https://autoalliance.org/wp-content/uploads/2017/01/Alliance-House-Eand-C-Testimony-9.22.16.pdf
- Alliance of Automobile Manufacturers statement conveying its concerns about former President Obama's One National Vehicle Program costing $200 billion by 2025.
- Reason Foundation: The Effect of Corporate Average Fuel Economy Standards on Consumers (2018)
- https://reason.org/wp-content/uploads/2018/03/corporate-average-fuel-economy-standards-consumers.pdf
- Analyzes how fuel economy standards impact consumers
- Discusses how people respond to rising gas prices and whether or not they respond by purchasing more fuel-efficient vehicles
- Looks into how fuel standards impact used vehicle prices
TRUMP SAFER AFFORDABLE FUEL-EFFICIENT (SAFE) VEHICLES RULE
General Information
- Department of Transportation: U.S. DOT and EPA Propose Fuel Economy Standards for MY 2021-2026 Vehicles (2018)
- https://www.transportation.gov/briefing-room/dot4818
- Trump Administration EPA and NHTSA joint statement on the CAFE standards proposal.
- Argues SAFE would provide an acceptable level of environmental protection while improving vehicle affordability and road safety
- Federal Register: Notice of Proposed Rulemaking (2018)
- https://www.federalregister.gov/documents/2018/08/24/2018-16820/the-safer-affordable-fuel-efficient-safe-vehicles-rule-for-model-years-2021-2026-passenger-cars-and
- Description of the SAFE Vehicle Rule proposal.
- EPA and NHTSA maintain that SAFE will reduce emissions, increase vehicle safety, and decrease vehicle cost, for significant savings in the national economy
- National Highway Traffic Safety Administration: Regulatory Impact Analysis (2018)
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/ld_cafe_co2_nhtsa_2127-al76_epa_pria_181016.pdf
- NHTSA and EPA regulatory impact analysis of SAFE and the alternative proposals. Document address concerns ranging from vehicle safety ratings to the rule's fiscal impact
- National Highway Traffic Safety Administration: Environmental Impact Statement (2018)
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/ld_cafe_my2021-26_deis_0.pdf
- Discusses the environmental impact of adopting SAFE (alternative 1) relative to CAFE standards as they are now (no action alternative).
- National Highway Traffic Safety Administration: Environmental Impact Statement Summary (2018)
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/ld_cafe_my2021-26_deis_summary.pdf
- Summarizes the NHSTA's data and conclusions
- Key finding: adopting the SAFE Vehicle Rule will increase emissions with a marginal increase to global warming through 2050
- National Highway Traffic Safety Administration: Environmental Impact Statement Appendices (2018)
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/ld_cafe_my2021-26_deis_appendices_0.pdf
- Tables of data appended to the NHTSA’s environmental impact statement
- National Highway Traffic Safety Administration: SAFE documents with commentary links
- https://www.regulations.gov/docket?D=NHTSA-2018-0067
- Aggregate of all the relevant documents pertaining to SAFE hearings.
- For those proposal and programs that are still open for comment, a link is provided to send comments to the NHTSA
- All public comments are also made available
- Environmental Protection Agency: SAFE documents with commentary links
- https://www.regulations.gov/docket?D=EPA-HQ-OAR-2018-0283
- Aggregate of all the relevant documents pertaining to SAFE hearings.
- For those proposal and programs that are still open for comment, a link is provided to send comments to the EPA
- All public comments are also made available
- Federal Registrar: Final SAFE Vehicles Rule Part 1 (2019)
- https://www.govinfo.gov/content/pkg/FR-2019-09-27/pdf/2019-20672.pdf
- National Highway Traffic Safety Administration: SAFE Vehicles Rule News Release
- https://www.nhtsa.gov/press-releases/safe-final-rule
- Press release for SAFE Vehicles Rule Part 2
- Summarizes what the new standards are and their expected benefits
- National Highway Traffic Safety Administration: Final SAFE Vehicles Rule Part 2 (2020)
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/final_safe_preamble_web_version_200330.pdf
- Climate Change Litigation Databases: Union of Concerned Scientists v. National Highway Traffic Administration
- http://climatecasechart.com/case/union-of-concerned-scientists-v-national-highway-traffic-safety-administration/
- Database with links to documents, motions, etc. in Union of Concerned Scientists v. National Highway Traffic Administration case in DC Circuit Court of Appeals
U.S. Department of Transportation & EPA Fact Sheets
- National Highway Traffic Safety Administration: Fact Sheet
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/fact_sheet_-_safe_one-pager_final_clean_080218_v1.pdf
- NHTSA and EPA fact sheet that predicts SAFE standards will reduce annual vehicle fatalities, the cost of new vehicle ownership, and generate billions in cost savings for the US economy
- National Highway Traffic Safety Administration: MYs 2021-2026 CAFE Proposal – By the Numbers
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/rev_fact_sheet_cafe_nprm_by_the_numbers_003-tag.pdf
- NHTSA and EPA fact sheet breaking down the expected benefits. It also addresses the method by which the NHTSA reached its conclusions regarding the economic impacts of SAFE
- National Highway Traffic Safety Administration: Overview of Proposed Alternatives
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/fact_sheet_-_alternatives_final_clean_080218_v1-tag.pdf
- NHTSA and EPA fact sheet that lays out 8 different alternative amendments to the existing CAFE standards
- First plan is the one that has been proposed as the SAFE vehicle rule
- National Highway Traffic Safety Administration: SAFE Compliance Flexibilities
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/fact_sheet_-_credits_and_flexibilities_final_clean_080218_v1-tag.pdf
- NHTSA and EPA fact sheet describing the flexibilities under SAFE Vehicle Rule standards
- One example is the credit system: if a manufacturer finds its sales noncompliant with standards, it may receive credit for producing over-compliant vehicles
- National Highway Traffic Safety Administration: EPCA Preemption
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/fact_sheet_-_epca_preemption_final_clean_080218_v1-tag.pdf
- NHTSA and EPA fact sheet discussing Trump Administration decision that California cannot adopt its own fuel standards
- National Highway Traffic Safety Administration: Proposed California Waiver Withdrawal
- https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/fact_sheet_-_california_caa_waiver_final_clean_080218_v1-tag.pdf
- NHTSA and EPA fact sheet discussing the Trump Administration's decision to withdraw California's emission standard waiver.
- California is allowed to make its own, far more stringent emission standards, but the EPA is currently considering revoking the waiver
- Environmental Protection Agency: One National Program Rule on Federal Preemption of State Fuel Economy Standards (SAFE Rule Part 1 Fact Sheet, 2019)
- https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100XI4W.pdf
- Detailing the Federal Government’s decision to repeal California’s CAA waiver and preempt it from enacting CAFÉ standards.
- Discusses what will happen (Action), Legality and History (Background), Summary (Final Rule Summary), and the basis for EPA repeal of the waiver and NHTSA’s preemptive authority
- National Highway Traffic Safety Administration: SAFE Vehicles Rule Fact Sheet (SAFE Rule Part 2 Fact Sheet, 2020)
- https://www.nhtsa.gov/corporate-average-fuel-economy/safe-fact-sheet
- Identifies the standards and their overall impact on the automotive industry, vehicular safety, and environment
Studies/Articles
- Daily Caller: Make Cars Great Again: Trump is Rolling Back Obama’s Vehicle Emissions Standards (2018)
- https://dailycaller.com/2018/08/02/vehicle-emissions-standards-epa-transportaition/
- Argues that the CAFE standards were supposed to cut down on emissions, but have had the opposite effect as consumers buy cheaper, older, less-efficient cars
- CNN: Trump Administration Wants to Lower Emissions Standards for Cars (2018)
- https://www.cnn.com/2018/08/02/politics/car-fuel-efficiency/index.html
- Overview of SAFE Vehicles Rule and Trump Administration's reasons for adopting it
- Cato Institute: Trump’s Proposed CAFE Standard (2018)
- https://www.cato.org/blog/trumps-proposed-cafe-standard
- Concludes that because California’s regulations have little effect on climate change and impose significant unintended costs, the Trump Administration should revoke CA’s Clean Air Act waiver
- Heritage Foundation: The Trump Administration Grabs the Wheel (2018)
- https://www.heritage.org/energy-economics/commentary/the-trump-administration-grabs-the-wheel
- Argues CAFE standards raise prices and reduce consumer choice, with little positive effect on the environment.
- Heritage Foundation: Trump’s Rollback of CAFE Mandates Is a Big Win for Car Buyers, Consumer Choice (2018)
- https://www.heritage.org/energy-economics/commentary/trumps-rollback-cafe-mandates-big-win-car-buyers-consumer-choice
- Discusses the Trump Administration’s SAFE Vehicles Rule that rolls back Obama-era CAFE standards. the article claims it is good for the environment and consumers.
- Chicago Tribune: EPA to Roll Back Obama-era Car Fuel, Emissions Standards (2018)
- https://www.chicagotribune.com/business/ct-epa-car-emissions-standards-20180402-story.html
- Reports that Obama EPA officials disapprove of SAFE.
- NBC News: Trump Administration Revokes Obama-era Fuel Economy Standards (2018)
- https://www.nbcnews.com/business/autos/trump-administration-revokes-obama-era-fuel-economy-standards-n896846
- Reports on the Trump administration’s plans to implement his SAFE Vehicle Rule
- Heritage Foundation: EPA Revision of Obama-Era Fuel Standards Will Make New Cars More Affordable (2018)
- https://www.heritage.org/energy-economics/commentary/epa-revision-obama-era-fuel-standards-will-make-new-cars-more
- Approves of SAFE because it will make cars more affordable for low-income families.
- The Atlantic: How the Carmakers Trumped Themselves (2018)
- https://www.theatlantic.com/science/archive/2018/06/how-the-carmakers-trumped-themselves/562400/
- Argues that Trump should not roll back CAFE standards
- Asserts they been effective in reducing emissions and that new technology will allow carmakers to meet standards at lower costs than anticipated
- Vermont Law Review: Up in the Air: Examining the EPA’s Proposal to Revoke California’s Clean Air Act Preemption Waiver
- https://lawreview.vermontlaw.edu/up-in-the-air-examining-the-epas-proposal-to-revoke-californias-clean-air-act-preemption-waiver/
- Criticizes SAFE’s legal claims
- Institute for Policy Integrity: EPA Lacks Legal Authority to Revoke California’s 2013 Waiver on Emissions Standards (2018)
- https://policyintegrity.org/files/media/CA_Waiver_report_release_080118.pdf
- Argues that the EPA has no legal standing to revoke CA’s Clean Air Act waiver
- American Bar Association: Federal State Tension in Auto Emission Regulation (December 2019)
- https://www.americanbar.org/groups/environment_energy_resources/publications/trends/2019-2020/january-february-2020/safe-rule-federal/
- Outlines the issue between California and the Federal Government, summarizing the background and the legal questions/issues—it also identifies the stakeholders and which court has jurisdiction on “nationally applicable regulations”
- American Bar Association: The Trump Administration’s withdrawal of California’s Clean Air Act preemption waiver in SAFE Rule (March 2020)
- https://www.americanbar.org/groups/environment_energy_resources/publications/trends/2019-2020/march-april-2020/trump-administration-withdrawl/
- Summarizes the legal history of California’s CAA preemption waiver, the key legal issues with SAFE Part 1, and its current standing in the courts
- Wilmer Hale: Trump Administration Issues Second Part of SAFE Vehicles Rule (April 2020)
- https://www.wilmerhale.com/en/insights/client-alerts/20200402-trump-administration-issues-second-part-of-safe-vehicles-rule
- A summary of the key provisions of SAFE Part 2 and what is expected to come as a result of the issuance of Part 2