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Sunday, February 16, 2025

16 States Join Motion For Appeals Court Review Of EPA’s Glider Kit Policy

 

Attorneys general from 16 states are requesting that an appeals court review a decision by U.S. Environmental Protection Agency officials to not enforce an Obama-era regulation limiting the production of glider kit trucks to 300 units per manufacturer.

The request has been consolidated with a similar action filed by three environmental groups also attempting to block EPA’s decision. Last week, the appeals court issued a temporary stay blocking the EPA from failing to enforce the regulation, saying it will make a decision sometime after hearing arguments from all of the parties by the end of the month.

The states challenging the EPA decision are California, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Vermont and Washington, as well as the District of Columbia.

EPA’s decision not to enforce the policy circumvents Congress’ limits on the agency’s authority to suspend or stay a rule, as well as limits on its authority to exempt new motor vehicles or engines from regulation, the attorneys general said.

The decision “also constitutes a complete reversal of EPA’s position, reflected in the 2016 [Obama-era] rule, that it is mandated to regulate glider emissions — a reversal made without adequate explanation or good reason,” the attorneys general argued in court documents. “Had EPA engaged in the public notice and comment process required to stay or amend a regulation, these faults would have been exposed prior to consummation. But EPA’s action provided no opportunity for public input.”

A July 6 agency memo from EPA enforcement chief Susan Bodine said the agency is suspending enforcement of the cap on the production and sale of glider kits until the end of 2019.

In November, the agency issued a proposed rule to repeal the regulation, questioning the notion that the gliders were big polluters and whether EPA even had the authority to regulate the gliders.

The proposed repeal drew more than 3,500 comments, and was overwhelmingly opposed by nearly all of the speakers at a public hearing by the agency.