Kaplan Kirsch represented the Natural Resources Defense Council (NRDC) and Colorado Communities for Climate Action (CC4CA)—a coalition of 20 local governments—as intervenor parties before the Colorado Air Quality Control Commission (the Commission) in a proceeding to consider whether Colorado should adopt stricter, low-emission vehicle standards in light of a possible rollback of the federal standards. In November 2018, the Commission voted unanimously to adopt the standards, over the objections of car manufacturers and dealer industry groups.
If the federal administration rolls back its vehicle greenhouse gas (GHG) standards, the Colorado decision will result in millions of tons of avoided carbon pollution in the state each year starting in 2022, reaching an amount equivalent to shutting down two coal-fired power plants by 2030. Because the GHG standards will also lead to more fuel-efficient cars, pickup trucks, and SUVs, less gasoline will be used in Colorado, resulting in a substantial reduction in ozone precursors and other air pollutants. Coloradans will also save considerable money, as the standards will lead to more fuel-efficient cars, trucks, and SUVs. Low-income car owners and those driving trucks and SUVs can be expected to save the most.
The Commission’s decision was especially notable because it allowed Colorado to become the first non-coastal state to adopt the more stringent standards, which may have the secondary effect of helping the nationwide fleet of cars become cleaner. In 2019, the Commission will consider whether to adopt a zero-emission vehicle (ZEV) standard as well, which would result in greater adoption of electric vehicles throughout Colorado.
We briefed and argued the low-emission vehicles case before the Commission and will continue to represent NRDC and CC4CA in the upcoming zero emission vehicle standard proceeding.