EPA Will Ask for Supreme Court Ruling on Authority Case
The battle over stricter emissions standards and the Environmental Protection Agency’s authority to impose those standards may end up with the U.S. Supreme Court
The battle over stricter emissions standards and the Environmental Protection Agency’s authority to impose those standards may end up with the U.S. Supreme Court.
A U.S. Court of Appeals recently refused to consider an appeals panel ruling that the agency overstepped authority granted by the Clean Air Act in setting new standards for smog and soot. But the court was deeply divided. Two of the 11 judges didn’t participate, and five of the nine who did participate voted to rehear the case. Six votes are required for review.
“This opinion puts EPA in a very strong position for future legal action,” the agency said. It also said it will recommend that the Justice Dept. seek a review before the Supreme Court. “While the appeals process moves forward, we will continue to pursue all available options to secure cleaner air for the American people,” said EPA Administrator Carol Browner. The agency had previously said it would seek legislative changes if it loses in the courts.
Last May, a three-judge appeals court panel, in a 2-1 vote, rejected EPA’s argument that the Clean Air Act gives it unlimited power to set air quality standards for soot (particulate matter) and smog (ozone). The panel also agreed with the American Trucking Assns., which maintained that EPA hadn’t been even-handed in setting new restrictions. Specifically, ATA charged that the agency had failed to consider the beneficial health effects of ground-level ozone along with its detrimental effects.
As the matter now stands, EPA must review and revise the standards, then must go through another rulemaking process. Those standards include an ozone reduction from the existing 0.12 parts per million to a more stringent 0.085 ppm. They also include a new eight-hour ozone measurement to replace the current one-hour standard and changes in the way particulate matter is measured. ATA says the changes would cost the trucking industry $45 billion a year.
More Drivers

FDA Eases Path for Oral-Fluid Testing
Federal actions could advance oral-fluid drug testing for truck drivers, but lab certification delays and marijuana rescheduling questions remain.
Read More →
Why Hiring Truck Drivers Is Getting Harder
Higher recruiting costs, a shrinking driver pool, and renewed pay competition are raising the stakes for fleets heading into 2027.
Read More →
Roehl Offers Truck Drivers $10,000 Retention Incentive
Payments begin after the first load and continue in mileage-based installments for eligible experienced drivers joining the fleet.
Read More →
Platform Science Adds Dispatch and Safety Tools
Four additions to PS Fleet help fleets monitor loads, manage driver coaching, share truck locations and adjust video system settings.
Read More →
When Language Stops the Truck: The Return of ELP Out-of-Service Orders
English language proficiency rules for commercial drivers aren’t new, but renewed out-of-service enforcement has raised the stakes. Here’s what carriers need to know before a driver reaches a roadside inspection.
Read More →
Samsara Launches Custom AI Agent Builder
Agent Studio lets fleets create AI tools for hours-of-service monitoring, reporting and driver support, including agents that communicate by phone.
Read More →
Trucker Path Expands Reserved Parking Network
Trucker Path has added close to 6,000 more truck parking spaces to its Trucker Path Reserved Parking Network with the addition of Safe Truck Parking.
Read More →
EEOC Sues Texas Trucking Company Over Driver Age Limits
The agency says Trancasa USA rejected applicants over 65 and applied tougher driving-record standards to those over 60.
Read More →
Nussbaum, Roehl Announce Second Driver Pay Increase This Year
This year has seen a swath of major truck driver pay increases as freight capacity has tightened.
Read More →
From One Generation to the Next: How Mentorship Builds Safer Truck Drivers
After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.
Read More →
