EMA Journal • Fall 2024 • EMA Today

In recent weeks, I’ve had several conversations with energy marketers on the need to support EMA’s Marketer Defense Fund (MDF). Unlike EMA’s Small Business Committee PAC (which only accepts personal funds to support federal lawmakers), the MDF can accept corporate funds, which are crucial to supplement EMA’s lobbying efforts and federal lawsuits challenging government regulations. In 1993, Congress passed a law declaring that any money used for lobbying (i.e., EMA’s Small Business Committee PAC) is not deductible for income tax purposes. Conversely, MDF donations are tax deductible as a business expense but not as charitable giving.

EPA Emissions Rules: The Energy Marketers of America has challenged several EPA final rules that impose stringent emission standards, which significantly impact our industry by mandating electric vehicles (EVs).

• June 2024: Tailpipe Emission reductions for heavy-duty vehicles (Phase 3) (2027-2032)

• June 2024: Tailpipe Emission reductions for light-duty vehicles (2027 and later)

• June 2023: California Waiver for Advanced Heavy Duty Clean Trucks Regulation

• April 2022: Reinstatement of California Waiver for Advanced Clean Cars (ACC) (17 States Plan to follow California)

• December 2021: Tailpipe Emissions reductions for light-duty vehicles Rule (2023-2026)

Whether California can blaze its own trail on combating climate change also implicates the “major questions doctrine,” which holds that courts should not defer to agencies on questions of “vast economic or political significance” without explicit Congressional authority to do so. The petition asks the court to decide whether the Clean Air Act authorized California to regulate vehicle emissions to target a phenomenon like climate change, which has a global cause and effect.

• Travel expenses for Marketers who testify at regulatory/legislative hearings (flights, hotel, parking, taxis)

• EMA membership in key legislative and industry organizations, including the Small Business Legislative Council (SBLC), Transportation Energy Institute (TEI), National Association of Tobacco Outlets (NATO) and others.

To have a larger financial stake in these ongoing legal actions, EMA needs to increase fundraising to MDF. Your contribution to the MDF helps defend your business interests against onerous regulations. Please donate at EMA MDF Donation QR code:

*Please refer to MDF and PAC brochures for specific information on issues and special projects.