The pending legislation, Senate Bills 271 and 278, under the guise of updating franchise laws for auto dealers, present a clear and present danger to Delaware and its consumers. While purportedly aimed at safeguarding traditional dealerships amidst technological transitions, these bills introduce unprecedented legal privileges to the Delaware Automobile and Truck Dealers Association. If passed, they would grant the association unchecked power to litigate against perceived threats without the burden of proof, setting a perilous precedent with far-reaching implications.
At the heart of the issue lies the concept of standing, a fundamental legal principle requiring parties to demonstrate a direct connection and harm from the law or action challenged. SB 271 and 278 seek to bestow automatic standing upon the dealers' association, regardless of substantiated harm. This extraordinary privilege not only disrupts established legal norms but also empowers the association to litigate against diverse entities, extending beyond the realm of auto sales into broader policy and regulatory matters.
Of immediate concern is the potential unraveling of Delaware's commitment to environmental progress, exemplified by the Advanced Clean Car II (ACCII) standards adopted by the Department of Natural Resources and Environmental Control (DNREC). ACCII, designed to mitigate greenhouse gas emissions and promote the adoption of electric vehicles (EVs), faces imminent threat under these bills. By granting the association standing to challenge ACCII, SB 271 and 278 imperil Delaware's efforts to combat air pollution and provide consumers with access to cleaner transportation options.
Moreover, the legislation undermines the competitive landscape by stifling innovation and consumer choice. By effectively barring EV-focused manufacturers like Tesla, Rivian, and Polestar from entering the Delaware market, SB 278 deprives consumers of diverse vehicle options and essential infrastructure for cleaner transportation. This monopolistic protectionism not only harms consumers but also obstructs the state's economic growth and environmental sustainability goals.
Beyond the auto industry, the ramifications of SB 271 and 278 extend to the broader legal landscape, enabling dark-money interests to manipulate the judicial system for their agenda. By elevating private entities to the level of state agencies in legal proceedings, the bills jeopardize the integrity of Delaware's governance and democratic principles.
In conclusion, the passage of SB 271 and 278 poses an imminent threat to Delaware's consumers, environmental progress, and democratic values. By granting unprecedented legal powers to special interests, these bills endanger the state's future prosperity and integrity. Therefore, it is imperative for legislators to oppose SB 271 and 278 to protect the interests of Delaware and its citizens.