SEMA Pushes Supreme Court to Review Lawfulness of California ICE Ban

On Aug. 7, the Specialty Equipment Market Association & Performance Racing Inc. (SEMA) filed with the Supreme Court of the United States 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 the 16 states that opt into California’s regulations, seek to adopt Advanced Clean Car II 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, according to a press release outlining the review.

SEMA requests that the court grant review due to the critical, nationwide importance of the case before them. SEMA contends that California’s non-technology-neutral decision to limit sales of ICE vehicles will have a “devastating impact” on the automotive aftermarket industry, of which SEMA’s 7,000 members are a pivotal part.

If granted, the ICE Waiver will kill innovation that can help produce cleaner, safer automobiles, SEMA counters. Furthermore, the associated fallout of the ICE 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 argues. “The question presented is important not just to the specialty equipment aftermarket, but to consumers and public at large who seek out these inventive products. As a result, the Court should grant the petition to address it.”

SEMA is steadfastly technology neutral, a reflection of the historically significant innovation delivered by the specialty automotive aftermarket industry, a sector that 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.