ELR Citation: ELR 20219
No(s). 08-70011 (9th Cir. Jul 25, 2008)

The Ninth Circuit denied California's petition to overturn a U.S. Environmental Protection Agency (EPA) decision rejecting the state's Clean Air Act (CAA) waiver request that would have allowed it to regulate greenhouse gas emissions from motor vehicles. In a December 19, 2007, letter to California Gov. Arnold Schwarzenegger (R-Cal.) , EPA Administrator Stephen Johnson stated that he "found that California does not have a 'need to meet compelling and extraordinary conditions'" and that he had therefore decided to deny California's CAA waiver request. This correspondence is not a reviewable "final action" of the Administrator under the CAA. The court, therefore, lacks jurisdiction.