ELR Citation: 54 ELR 20057
No(s). 22-1081 (D.C. Cir. Apr 9, 2024)

The D.C. Circuit upheld EPA's 2022 decision to reinstate a prior waiver of federal preemption of two California regulations concerning automobile emissions under the CAA. States and fossil fuel groups challenged the regulations—a standard limiting greenhouse gas emissions and a requirement that a certain percentage of new vehicles manufactured in the state be zero emission vehicles. The groups argued EPA exceeded its statutory authority under the CAA. The states separately argued the regulations were preempted by the Energy Policy and Conservation Act, and that by granting a waiver to California alone, EPA violated a constitutional requirement that the federal government treat states equally in terms of their sovereign authority. The court found the groups lacked standing to raise their CAA claim, and that the states lacked standing to raise their preemption claim, because neither set of petitioners demonstrated their claimed injuries would be redressed by a favorable decision. It did find the states had standing to raise their constitutional claim, but held that the waiver was subject to rational basis review for Commerce Clause legislation and was constitutional under that standard.