Auto GHG Rule Delays Threaten To Create New ‘Lead Time’ Legal Risks

The Trump administration’s chronic delays in completing its rollback of Obama-era vehicle greenhouse gas and fuel economy rules are threatening to introduce a new legal risk to the rulemaking, given a looming statutory “lead time” deadline for the Transportation Department to complete its standards. Under federal fuel economy law, the National Highway Traffic Safety Administration (NHTSA) must set “new” efficiency standards 18 months before the start of a model year, meaning that if the administration’s rollback is not complete by...