ALL STATES CAN MANDATE EVs
Coltura has published a law review article in the Michigan Journal of Environmental and Administrative Law identifying for the first time a legal path for all states to mandate that all new vehicles be electric. (It was previously thought that only California had legal authority to mandate EVs.) Coltura’s research discloses that state EV mandates can withstand federal preemption challenges if the reasons for enacting them are within the state’s authority. Such reasons include electric grid benefits, increased jobs and economic development, reduced storm water pollution from gasoline drips and leaks at gas stations, savings to consumers on vehicle maintenance, and downward pressure on electricity rates. States should avoid justifying electrification mandates on grounds within the federally-controlled areas of emissions reduction and fuel economy.
Washington state drafted a bill according to the legal path identified by Coltura, that required all new cars sold in the state to be electric by 2030. The bill was introduced in the 2020 legislative session and gained the support of eight committee chairs in its first year. Advocates intend to seek passage of a similar bill (the Electric Car Future Act) in 2021.
A summary of the law review article can be found in Coltura’s paper accepted for publication and presentation at the World EV Symposium (EVS 33), Check out the press release here, and FAQs about the Washington state EV mandate here.