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...Government is changing the outcome.
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You can look at it that way, or you can look at it from the other direction, which is the government left a loophole (for what I'd say is understandable reasons), that manufacturers took advantage of and are now unwilling to sacrifice their golden calfs to.
The spirit of CAFE wasn't to recertify everything as a truck to get around standards, but the magic of our system is always to find ways to skate just inside the regs (thereby making it worse for everyone in the long run).