The Specialty Equipment Market Association (SEMA) & Performance Racing, Inc. recently filed with the U.S. Supreme Court an amicus brief in the case of Diamond Alternative Energy, LLC v. Environmental Protection Agency (EPA).
The brief outlines SEMA’s support for a review of the lawfulness of the EPA’s decision to grant California the authority to limit the sale of internal combustion engine (ICE) vehicles. Using its EPA waiver, California, and by extension, the 16 states that opt into California’s regulations, seeks to adopt regulations that would limit the sales of ICE vehicles from model years 2017 through 2025, culminating with a complete ban on the sale of ICE vehicles by 2035.
SEMA is requesting the court grant review due to the critical, nationwide importance of the case. SEMA contends that California’s decision to limit sales of ICE vehicles will squash innovation and consumer choice, while having a devastating impact on the automotive aftermarket industry, of which SEMA’s 7,000 members are a sizable part.
SEMA said if granted, the ICE waiver will kill, rather than foster, innovation that can help produce cleaner, safer automobiles. Furthermore, the associated fallout of the waiver will touch the many associated industries, including motorsports, vehicle restoration and automotive technology, each of which make immeasurable contributions to the nation from an innovation and cultural standpoint.
“California has already declared the winner of the race, and by extension, begins to foreclose on the innovations and unique contributions to cleaner vehicles and parts that the aftermarket for years has been providing,” SEMA argued. “The question presented is important not just to the specialty equipment aftermarket, but to consumers and the public at large who seek out these inventive products, and, as a result, the Court should grant the petition to address it.”
SEMA said it is "steadfastly technology neutral, a reflection of the historically significant innovation delivered by the specialty automotive aftermarket industry," which it said delivers $337 billion in annual economic impact to the U.S. economy while supporting 1.3 million jobs nationally.
Aftermarket participants, many of which are small businesses, are leading the way on alternative-fuel innovations by replacing older engine technologies with newer, cleaner versions, and converting older ICE vehicles to new electric or hydrogen-powered vehicles, and the industry represents the tip of the spear for delivering to consumers new automotive fuel and propulsion solutions.
"This mandate ignores the many options on the road to zero emissions, such as American-grown biofuels, synthetic fuels, hydrogen combustion, carbon capture and innovations in engine systems, parts and fuels," SEMA said. "The increasing limit on the sale of ICE vehicles up to a complete prohibition squashes the specialty automotive aftermarket industry’s long history of innovation in favor of electrification, which is not emission free."
SEMA's filing also said the ICE waiver robs consumers of the freedom to purchase vehicles that best suit their needs and the needs of their families.
"Unlike innovation and market-driven solutions, the ICE waiver will force EVs to become the only option for automakers to produce -- and thus the only option for consumers to purchase. This will be true regardless of local weather conditions, terrain or roadway conditions, and accessibility of
charging stations, all of which impact the utility of different vehicle choices," SEMA said.
