One of the Supreme Court’s latest rulings could help 26 states and their collective lawsuit against the Biden administration’s fuel emissions restrictions, which one of the prosecutors slammed as “anti-American.”
“What Joe Biden has done in this case is kind of channeled his inner Gavin Newsom, and decided he wants to ram EVs down the throats of the American people,” Virginia Attorney General Jason Miyares said on “The Bottom Line” Tuesday.
“When you go into the court system, it can take a little while. But what we do know is the Supreme Court provided some much-needed clarity on overturning Chevron.”
Virginia, along with 25 other states, notified the Biden administration last week that they will challenge the latest fuel emissions restrictions requiring car manufacturers to dramatically increase the average fuel economy of passenger cars and light trucks in less than a decade.
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The attorneys general also argued that Congress did not give the National Highway Traffic Safety Administration such powers to reshape the industry, which Miyares noted has just been legally backed by the highest court.
On Friday, the Supreme Court ruled in favor of a group of fishermen who challenged a decades-old legal doctrine that they say gave the administrative state too much power over their business.
The court’s decision overruled what is known as the Chevron doctrine – a legal theory established in the 1980s that says if a federal regulation is challenged, the courts should defer to the agency’s interpretation of whether Congress had granted it authority to issue the rule — as long as the agency’s interpretation is reasonable and Congress had not addressed the question directly.
“You had a framework where so many of these un-elected federal agencies were essentially promulgating rules and regulations that would impact hundreds of millions of Americans, and it would never be invoked by Congress. It would literally be an unaccounted, administrative body,” Miyares said.
“Consumer report after consumer report and surveys show there are consumers that have two problems: one, range anxiety, and two, price anxiety,” he also pointed out. “The average price of an electric vehicle in America today is roughly $68,000.”
“And then obviously, the range anxiety that we’ve seen where the Biden administration put out $7.5 billion to build 500,000 EV charging stations across the country, and today, the best we can ascertain, they built about half a dozen. That’s the federal government at work for you.”
Fox News Digital previously reached out to the National Highway Traffic Safety Administration for comment and reportedly received no response.
“The idea that you would have a government mandate taking away consumer choice, I think it’s anti-American,” Miyares said. “And that’s why Virginia and so many other states are trying to stop the Biden administration’s rule.”
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Fox News’ Brianna Herlihy contributed to this report.
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