SEMA Files Amicus Brief With U.S. Supreme Court to Challenge California's ICE Ban

Background

On August 7th, 2023, the Specialty Equipment Market Association (SEMA) and Performance Racing Industry (PRI) filed an amicus brief with the Supreme Court of the United States in the case titled West Virginia v. Environmental Protection Agency. The brief outlines SEMA's support for a review of the lawfulness of the EPA's decision to grant California a waiver under Section 209 of the Clean Air Act, which allows the state to set its own, more stringent vehicle emissions standards.

SEMA's Opposition to California's ICE Ban

SEMA, a trade association representing the automotive aftermarket industry, has consistently opposed California's ban on the sale of new internal combustion engine (ICE) vehicles by 2035. SEMA argues that the ban is premature, technologically infeasible, and will harm the automotive aftermarket industry. The brief filed by SEMA and PRI argues that the EPA's decision to grant California a waiver under Section 209 was unlawful because it was not based on a "compelling and extraordinary" need, as required by the statute. The brief also argues that the EPA failed to adequately consider the economic impact of the waiver on the automotive aftermarket industry.

Support for SEMA's Position

SEMA's position is supported by a number of other organizations, including the National Automobile Dealers Association (NADA), the American Truck Dealers (ATD), and the Alliance for Automotive Innovation (AAI). These organizations have all filed amicus briefs with the Supreme Court in support of SEMA's challenge to California's ICE ban.

Conclusion

The Supreme Court is expected to hear oral arguments in the case in the fall of 2023. A decision is expected by the end of the year. The outcome of the case could have a significant impact on the future of the automotive industry in the United States.