Earlier this month members of the Delaware Republican Party, including House Minority Leader Mike Ramone, R-Newark, and Rep. Rich Collins, R-Millsboro, along with two auto repair facility owners, filed a lawsuit in Superior Court. The lawsuit challenges the Department of Natural Resources and Environmental Control’s (DNREC) approach to implementing zero-emission vehicle regulations.
The plaintiffs are arguing that DNREC did not adhere to necessary administrative procedures, specifically the lack of a regulatory flexibility analysis on the proposed regulations. This analysis is vital for understanding the impact of regulations on small businesses and individuals according to the filing.
In parallel to the legal challenge, there is legislative action regarding this issue. Bipartisan House Bill 123, introduced on April 20, 2023, and sponsored by Ramone with support from several other legislators, has passed the House and is currently awaiting consideration in the Senate Environment, Energy & Transportation Committee.
The bill stipulates that DNREC must obtain consent from the General Assembly before enacting regulations that restrict the sale of fuel-powered vehicles in Delaware. Notably, this bill does not propose changes to the current emission standards for fuel-powered vehicles. It also seeks retroactive effect from March 1, 2023.
Similarly, Senate Bill 96, introduced on April 19, 2023, by sponsor Senator Brian Pettyjohn and supported by Ramone and others, is also under consideration months after being introduced. This bill similarly aims to prevent DNREC from promulgating rules that would restrict the sale of fuel-powered cars, trucks, and SUVs in Delaware. Like House Bill 123, this bill maintains the current emission standards and seeks retroactive application from March 1, 2023.
Legislators involved in the lawsuit said they would prefer to work the issue out through legislation rather than the courts.