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EPA Glider Truck Loophole Closed Temporarily by Court

Environmental groups successfully petitioned a federal court to suspend an EPA decision not to enforce emissions-related cap on glider kit production.

The temporary stay imposed by the U.S. Court of Appeals for the District of Columbia blocks an Environmental Protection Agency policy not to enforce for 2018 and 2019 a 300-unit production cap put in place on the manufacture of glider kits/vehicles that do not comply with Phase 2 GHG emission rules, reports Heavy Duty Trucking.

Th ruling supports a motion filed by the Environmental Defense Fund, the Center for Biological Diversity, and the Sierra Club, which argued the decision not to enforce should be declared unlawful and be vacated because the EPA’s action ‘subverts the Clean Air Act.’

The three petitioning groups contend that the Phase 2 GHG emissions are current law and were adopted after years of analysis and public comment.

In a statement, the petitioners said the court will now consider their request for a longer stay pending consideration of the merits of the case. 

Earlier this month, EPA said it had decided not to enforce the Phase 2 rules on gliders because it is working to finalize a proposed rule to repeal “certain emission requirements” on glider kits. In November, the agency issued its official proposal to entirely repeal emission requirements for glider vehicles, glider engines, and glider kits.

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