Attorney General Alan Wilson announces victory in protecting South Carolina businesses and consumers

(COLUMBIA, S.C.) – South Carolina Attorney General Alan Wilson announced today a victory in fighting a move that would have cost South Carolina consumers and businesses more money. The U.S. Environmental Protection Agency (EPA) has closed the file on California’s request for a waiver for its Advanced Clean Fleets regulation.

Last September, Attorney General Wilson joined a 24-state coalition in filing a formal comment letter to EPA against California’s request. California’s Advanced Clean Fleets regulation would have imposed an electric-truck mandate on fleet owners, operators, and manufacturers, including trucking companies that drive one truck for as little as one day per year in California.

“Even though this issue is specific to California, it would affect the rest of the states as well, because so many goods come into California and are then trucked to the rest of the country,” Attorney General Wilson said. “Just as importantly, we cannot allow one state to dictate policy on an issue that’s reserved for the federal government.”

Under the Clean Air Act, California cannot enforce Advanced Clean Fleets without a waiver from EPA.

The 24-state letter opposing California’s waiver request argued that the EPA should not allow California to exceed its statutory and regulatory authority by implementing an electric-vehicle mandate that is sure to disrupt the nation’s logistics and transportation industries. Earlier this month, the EPA granted several other requests that California made, but it did not act on California’s Advanced Clean Fleets request. California withdrew its request by letter Monday, and the EPA closed the file yesterday. Attorney General Wilson also joined a separate 17-state coalition in challenging Advanced Clean Fleets in the Eastern District of California. That litigation remains pending. 

Joining Attorney General Wilson on the comment letter, led by Nebraska, were attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.