Energy Marketers of America Sues EPA over Regulation Banning most New Gas Cars

This week, the Energy Marketers of America (EMA), along with the American Fuel & Petrochemical Manufacturers (AFPM), California Asphalt Pavement Association (CalAPA), California Manufacturers & Technology Association (CMTA), Consumer Energy Alliance (CEA), Domestic Energy Producers Alliance (DEPA), International Association of Machinists and Aerospace Workers, Port Arthur Lodge No. 823 (IAM), Louisiana Mid-Continent Oil & Gas Association (LMOGA), National Association of Convenience Stores (NACS), The Petroleum Alliance of Oklahoma (Petroleum Alliance), Texas Oil & Gas Association (TXOGA) and Western States Petroleum Association (WSPA)—filed a petition with the DC Circuit Court to sue the U.S. Environmental Protection Agency (EPA) over its regulation, finalized in March, that will effectively ban most new gas cars and trucks in less than eight years. Information on the underlying regulation is here. Statements from the petition signers are below.

This petition is one of three filed today challenging EPA’s light- and medium-duty vehicle emissions standards for model years 2027-2032. The other two petitions were filed by the American Petroleum Institute and a coalition of U.S. biofuel producers. In total, 36 petitioners are represented among the three filings.

Energy Marketers of America (EMA)

“The EPA doesn’t have a leg to stand on where its gas car ban regulation is concerned, and we are going to make that case in court. This regulation is clearly bad for consumers as it will quickly and drastically restrict their ability to find and purchase affordable new gas cars. It’s bad for marketers of American-made liquid fuels and for U.S. energy security. And importantly, it’s also unlawful. EPA does not have authority under the law to do this.”

– Rob Underwood, President, Energy Marketers of America

American Fuel & Petrochemical Manufacturers (AFPM)

“EPA’s Light Duty Vehicle rule is unlawful and harmful to consumers, our economy and our national security. We are confident the Court will agree that Congress has not authorized EPA to effectively ban the sale of new gas and diesel cars and overhaul the U.S. economy in such a major way.

“EPA also overstepped in finalizing fleetwide average standards, rather than concrete standards that all cars and trucks must meet. Since no gas, diesel or traditional hybrid today can meet 85 grams/mile, EPA’s averaging scheme—which is already being contested for the 2023-2026 standards—is clearly meant to force EV adoption. And the choice to ignore all other vehicle lifecycle emissions, save those from the tailpipe, puts internal combustion engine vehicles at an arbitrary disadvantage.

“We support the continued drive to make our cars and trucks cleaner and more efficient, but EPA must set standards lawfully.”

– Chet Thompson, President and CEO, American Fuel & Petrochemical Manufacturers (AFPM)

Western States Petroleum Association (WSPA)

“California’s ban on sales of new gas cars and trucks is clearly the inspiration behind this EPA policy. Thankfully, Congress never empowered either to take vehicle choice away from U.S. consumers, which is why we’re challenging EPA’s rule in court.”

– Cathy Reheis-Boyd, President and CEO, Western States Petroleum Association (WSPA)

NACS Show Early Bird Pricing Extended through Today!

The NACS Show is returning to Las Vegas this October, and it’s time to start planning. Register now to save $300 with early bird pricing. The deadline for early bird pricing is rapidly approaching—you have until TODAY, June 14 at 11:59 p.m. EDT to save $300.

CLICK HERE to register for the NACS Show and PLEASE USE THE EMA NACS SHOW REGISTRATION CODE BELOW.  If you have already registered, please provide your full name, company, state and date you registered to Susan Isard so we can work with NACS to get you re-coded.     

Using this code provides EMA with $100 for every retailer or jobber paid registration. And to assist with early registrations, this special code will extend the Early Bird rate until June 7, 2024, for anyone who uses the code as well as providing the $100 for anyone registering at any rate after the Early Bird rate expires.  EMA encourages EMA state execs to promote and share with your state association’s member companies.  Please see attached flyer.

**Please note that EMA State Execs are comped for NACS Show registration, and this link will be sent directly to them in the near future from NACS. Additionally, the NACS Show registration is separate from EMA’s Fall Meeting registration.

Again, the EMA NACS Show Registration Code is: EMANS2024 and CLICK HERE for Full Instructions to register.

Questions registering? Contact NACS Show registration customer service at nacs@maritz.com or 469-513-9489, Monday-Friday, 9:00 a.m. – 5:00 p.m.

On-Demand Webinar: Beneficial Ownership Reporting for Energy Marketers

Wednesday, June 12, 2024 - The Energy Marketers of America’s (EMA) joint webinar (“Beneficial Ownership Reporting for Energy Marketers”) with Wolters Kluwer BizFilings took place on June 6 and we thank those who attended live. For those who weren’t able to attend, we want to share the recording of the webinar and PDF of the webinar slides, so that you can read through or watch at your leisure.

Enjoy the on-demand webinar by CLICKING HERE.
To see each slide, CLICK HERE.

This 58 minute webinar dives into the types of entities impacted by the BOI requirement and gives a detailed how-to to help you file your BOI report to both achieve and maintain compliance with this federal regulation over time.

Need to figure out if your business is impacted by BOI? Take the quiz.

Ready to file? Click here to file now and use EMA12 for 12% off your filing.

Federal Update

This was a busy week in Washington as members of the House worked to finalize their version of the FY 2025 National Defense Authorization Act (NDAA) to fund the military next year. On Tuesday, the Rules committee worked through more than 1,300 amendments before voting the bill to the floor and members have been debating the bill in the full House since, with final passage expected today. But, before anyone starts celebrating a job well done, everyone will have to wait for the Senate to do its work as well. At the same time, the House Appropriations Committee is working through its FY 2025 funding bills in order to have House passage of each by the end of July. But, like the NDAA, the Senate has not tipped its hand on funding legislation either. Another item worth noting was that former President Trump visited with Republican members of the House and Senate on Thursday, looking to shore up party support before the election.

In the coming weeks, we expect Congress to continue to push through its appropriations and NDAA agendas and, because it’s an election year, we also expect both House Republicans and Senate Democrats to hold a litany of political votes aimed at giving incumbents fodder as they go back to their districts to campaign later this summer.

Federal Government Task Force Created to Fight Illegal Distribution and Sale of E-Cigarettes

On Wednesday, the U.S. Department of Justice (DOJ) and the U.S. Food and Drug Administration (FDA) announced the creation of a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes.

Along with the FDA and the Justice Department, the task force will bring together multiple law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the U.S. Marshals Service (USMS); the U.S. Postal Inspection Service (USPIS); and the Federal Trade Commission (FTC), to coordinate and streamline efforts to bring all available criminal and civil tools to bear against the illegal distribution and sale of e-cigarettes responsible for nicotine addiction among American youth. Additional agencies may join the task force in the coming weeks and months.

To date, the FDA has authorized the sale of 23 specific tobacco-flavored e-cigarette products and devices. These are the only e-cigarette products that currently may be lawfully marketed and sold in the United States. To date, the FDA has issued more than 1,100 warning letters to manufacturers, importers, distributors and retailers for illegally selling and/or distributing unauthorized new tobacco products, including e-cigarettes, and has filed civil money penalty complaints against more than 55 manufacturers and 140 retailers for the manufacture and/or sale of unauthorized tobacco products. In addition, the FDA and the Justice Department have obtained injunctions against six manufacturers to stop them from manufacturing and selling unauthorized e-cigarette products.

For more information on e-cigarette regulation, including legal compliance and enforcement efforts, see the FDA’s website and the ATF’s website.

EMA’s Fall Meeting at the NACS Show 2024: October 6-7: Hotel Reservations Open!

EMA will hold its Fall Meeting in conjunction with the NACS Show on October 6-7 at the Encore at Wynn Las Vegas. The EMA meeting will begin with a New Attendee Orientation/Federal Legislative Update mid-afternoon on October 6. NACS/EMA Reception Salute to State Association Executives (all EMA members are welcome) will follow at Las Vegas Convention Center in the Hunter Club Lounge.

On the morning of October 7, there will be a Buffet Breakfast followed by Region and Committee Meetings. The EMA Board of Directors meeting is scheduled after the Distinguished Service Award Luncheon honoring Spirit® Petroleum President and former Washington State Marketer Gerry Ramm exclusively sponsored by EMA Board of Director Council Partner Federated Insurance.

Federated Insurance: Risk Management Corner
Is a Fire Hazard Lurking within Your Lithium-Ion Batteries?