ELR Citation: 55 ELR 20127
No(s). 24-1721 (8th Cir. Sep 5, 2025)

The Eighth Circuit granted several states' and a business group's petition to review a 2024 DOE rule that changed the method for calculating equivalent petroleum-based fuel economy values of electric vehicles (EVs). The rule phased out a "fuel content factor" that inflated the fuel economy of EVs and switched to using the "cumulative gasoline-equivalent fuel economy of electricity," calculated over the projected useful life of an EV fleet. The petitioners challenged DOE's elimination of the fuel content factor from the petroleum-equivalency factor. The court found the fuel content factor exceeded DOE's authority, and that the Department violated notice-and-comment procedures when it promulgated the rule. It vacated the rule and remanded to DOE.