Note: This piece was originally published in Reason, and was written by Checks & Balances member Jonathan Adler.
In 2017, the National Highway Transportation Safety Authority (NHTSA) delayed a scheduled increase in penalties imposed on automakers for failing to comply with Corporate Average Fuel Economy (CAFE) standards. Then, in 2019, NHTSA rolled back the penalties to their 1996 levels. Several blue states and environmental groups sued in the U.S. Court of Appeals for the Second Circuit. As luck would have it, the case was assigned to three judges appointed by President Donald Trump: Richard Sullivan, Michael Park, and William Nardini. So the Trump Administration should have won, right? Not so fast.
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