NEWS
The Market Votes, the Court Weighs In
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According to the U.S. Energy Information Administration (EIA), traditional hybrids hit a record high of 16% of new light-duty sales in 2Q 2026. Overall, hybrid sales jumped roughly 24% Year-over-Year (YoY) for the first 9 months of the year. Hybrids extended their climb this year, with the timing pointing partly to fuel prices rising after U.S. and Israeli strikes on Iran in late February sent gas prices sharply higher.
Electric Vehicle (EV) sales, by contrast, fell sharply when the federal purchase credits expired on September 30, 2025, and then held at a lower but stable share throughout 2026. On September 28, the National Highway Traffic Safety Administration (NHTSA) published a final rule weakening Corporate Average Fuel Economy (CAFE) standards, which also ends credit trading between automakers starting in model year 2028. Immediately afterward, a coalition of more than two dozen states, counties, and cities sued in the U.S. Court of Appeals for the First Circuit, asking the court to rescind the rule and reinstate the prior standards. Buyers are making their choices now, while the standards automakers planned around wait on a court ruling.
IMPACT
The Push Is Gone, Now the Pull Is What Is Left
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Since the 2008 Great Recession, the pace of electrification was set by Washington, not showroom demand. The purchase credit lowered the cost of entry for buyers, and fuel economy rules rewarded automakers for selling EVs starting in 2011 through compliance and credits they could trade. Now, the credit is gone and compliance pressure is weakening, which leaves the market running on the factor many plans underweighted: whether buyers are ready to change their relationship with the car.
This year's sales suggest:
- A committed group of buyers is ready for EVs.
- A much larger group still wants better efficiency without changing car ownership habits.
- It is too early to say the market rejected EVs, but it may be rejecting the regulatory timeline.
The court fight adds a second layer of uncertainty because policy can now move in either direction:
- If the coalition wins, the court could rescind the rule and reinstate the prior standards.
- If the rule stands, the end of credit trading between automakers removes a mechanism the coalition argues will significantly harm EV industries.
- If there is a change in the U.S. executive office after the 2028 presidential election, the policy direction could shift again.
For software vendors, any roadmap built on a single powertrain outcome now rests on ground that can shift with a court ruling or an election.
RECOMMENDATIONS
Consider the Powertrain Range, Not Just the EV Platforms
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There is tremendous risk in producing around a single propulsion system for the U.S. market over the next few years. One risk is reading the HEMI's return as a homecoming: assuming V8 volumes will climb back to their glory days, the Hurricane inline-six (GME-T6) will step aside, and a new wave of clean-sheet Internal Combustion Engine (ICE) programs will light up the engineering floors in Auburn Hills, Dearborn, and Detroit.
The first recommendation is for software vendors to evaluate their portfolios by exposure:
- Products that work on every vehicle, such as connectivity, Over-the-Air (OTA) updates, Advanced Driver Assistance Systems (ADAS), and infotainment, carry the least risk because they ship whether the buyer chooses a gasoline engine, a hybrid, or a battery.
- Products tied to a single powertrain carry exposure in both directions.
- Hybrid energy management stands to gain from this year's shift.
- Large-pack battery management and next-generation software platforms, which automakers often launched on their EV programs first, now depend on EV demand growing without a subsidy behind it.
The second recommendation is to watch buyers, in addition to mandates, related to the following:
- Fuel prices
- Used EV pricing
- Hybrid supply
- Consumer debt
- Unemployment
- The housing market
- The court ruling
These factors will say more about the next few years than a compliance target alone. The used market deserves particular attention, because industry data points to a growing wave of EVs coming off lease, which means more drivers could enter EV ownership through the used market, even as new sales struggle.
Vendors that make these moves add more insight to their own internal forecasts. If policy swings back, they are positioned for a faster EV ramp-up, and if the rule stands, they are not waiting on volumes that will not come. The vendors most at risk are those with roadmaps that quietly assumed the old timeline, but delayed adjusting due to the tough conversations that may need to be had about their core product and investments. Mandates and targets, whether written in Sacramento, Washington, or even Brussels, do not set the date. Buyers do.