Center for Biological Diversity v National Highway Traffic Safety Administration

15 Nov 07 - Click HERE to see the full text.
Conclusion:
NHTSA’s failure to monetize the value of carbon emissions in its determination of the Model Year (MY) 2008-2011 light truck corporate average fuel economy (CAFE) standards, failure to set a backstop, failure to revise the passenger automobile/light truck classifications, and failure to set fuel economy standards for all vehicles in the 8,500 to 10,000 lb. GVWR class, was arbitrary and capricious and contrary to the Energy Policy and Conservation Act of 1975 (EPCA). We therefore remand to NHTSA to promulgate new standards consistent with this opinion as expeditiously as possible and for the earliest model year practicable.
We also hold that the EA was inadequate and Petitioners have raised a substantial question as to whether the Final Action may have a significant impact on the environment. Thus, we remand to NHTSA for the preparation of a full EIS.