COURT FINDS FEDERAL GOVERNMENT NOT MEETING ALTERNATIVE FUEL VEHICLE REQUIREMENTS

August 8, 2002 

A Federal District Court Judge has found that many U.S. government agencies are failing to comply with the alternative fuel vehicle provisions of the Energy Policy Act of 1992 (EPAct).  The ruling is the result of a lawsuit brought by Earthjustice on behalf of the Center for Biological Diversity, Bluewater Network, and the Sierra Club.

The Court found that all defendant agencies violated the alternative fuel vehicle acquisition requirements of EPAct in at least some of the years since its enactment. The Energy Policy Act was designed to reduce American dependence on imported petroleum. As of 1999, the Act requires at least 75% of light duty vehicles acquired each year by all federal agencies with light duty fleet vehicles in major metropolitan areas to be alternative fuel vehicles. According to Court records, 15 federal agencies were found to have missed the requirements by at least 13,000 vehicles as of last year.

The Court also found that the agencies did not fully meet a requirement to produce annual compliance reports and violated a requirement to disclose such reports to the public.

Despite finding the violations, the Court refused to establish a timetable for compliance with the vehicle acquisition requirements. But the agencies were ordered to prepare all overdue reports by November 26, 2002 , and make these reports available to the public over the internet by January 31, 2003 . These compliance reports must not only admit to prior failings, but must also include a specific plan and timeline by which the agency will come into compliance with the law.

The agencies covered by this ruling include: Departments of Agriculture, Commerce, Defense, General Services Administration, Health and Human Services, Housing and Urban Development, Interior, Justice, Labor, State, Transportation, and Veterans Affairs, as well as the Nuclear Regulatory Commission, NASA, and the Environmental Protection Agency.

The Court also addressed another provision of the Energy Policy Act. The Energy Policy Act provides the Department of Energy with the authority to implement regulations which would extend the alternative fuel vehicle acquisition requirements to private and municipal fleets in major metropolitan areas. Despite years of consideration and public process, the department has failed to implement such regulations. The Court has ordered both sides in the lawsuit to provide further briefing on how long the court should give the Department of Energy to take action on the overdue regulation.

It is not known at this time whether there will be any appeals of the decision. The Department of Energy has not released any comment on the decision.

Update: September 27, 2002

COURT SETS SCHEDULE FOR DOE TO ADDRESS PRIVATE AND MUNICIPAL FLEET RULE

In further action on the lawsuit brought by Earth Justice, et al, against numerous federal agencies and the U.S. Department of Energy, a federal court has ordered the Department of Energy (DOE) to resolve the status of EPAct mandates for private and municipal fleets. Under the ruling, DOE is to determine whether or not the mandates will be implemented, and must publish a proposed rule by the end of January 2003, with the final rule by the end of November 2003.

The DOE rulemaking will address three issues: 1) whether the EPAct goal of reducing petroleum usage by 30 percent by 2010 is feasible or whether the goal should be revised; 2) whether a private/municipal fleet mandate is needed to meet the goal; and 3) whether the goal will actually be met if the mandate is enforced.

Update:  March 7, 2003

DOE ISSUES DRAFT PRIVATE AND LOCAL GOVERNMENT FLEET DETERMINATION

The U.S. Department of Energy proposes to determine that "it is NOT necessary to promulgate a regulation requiring [private and municipal] fleets to acquire alternative fueled vehicles (AFVs)." More

Update:  March 19, 2003

CONTEMPT OF COURT ACTION FILED AGAINST FEDERAL AGENCIES 

A group of environmentalists have asked the Northern California District Court to hold several federal agencies in contempt of court for failure to comply with the Energy Policy Act (EPAct) and for failure to comply with the Court's order directing the agencies to report on their past, present and future EPAct compliance. The court motion was filed on March 19th by Earthjustice, on behalf of the Bluewater Network, Center for Biological Diversity and Sierra Club. The action is an effort to force twelve federal agencies to comply with the July 2002 court order requiring eighteen federal agencies to submit their overdue EPAct compliance reports to Congress by November 26, 2002 and to make these reports available to the public via the Federal Register and the Internet by January 31, 2003.

The twelve agencies cited in the motion have failed to comply with the Court's order in a variety of ways - including: failing to publish a notice in the Federal Register; failing to publish the notice before the January deadline; failing to make the overdue compliance reports due; and failing to make plans for future compliance available. The reports that have been made available indicate a widespread failure to comply with EPAct and a failure to outline strategies for future compliance. More information is available on the Earthjustice website at www.earthjustice.org.

More information on the Energy Policy Act (EPAct).