ELR Citation: ELR 20243
No(s). 2:05-CV-302, -304 (D. Vt. Nov 30, 2006)

The court denied Vermont's motion to dismiss automobile manufacturers' claims that the state's greenhouse gas regulations are either preempted by or violate the Clean Air Act and the Energy Policy and Conservation Act. Vermont's regulations are identical to California's standards, which have yet to receive approval from the U.S. Environmental Protection Agency (EPA). Because EPA has not yet granted California's waiver application, Vermont argued that the manufacturer's suits for declaratory and injunctive relief are not yet ripe for judicial action. But the manufacturer's challenges to the regulations are neither abstract nor hypothetical. They have alleged current injury that is not contingent upon future events, as well as the threat of future injury should EPA grant the waiver from preemption. While the issue of whether EPA grants the waiver may remain unanswered for months, if not years, there is no question that the preemption and constitutional challenges to Vermont's greenhouse gas regulations are as concrete and fit for decision today as they would be if and when the regulations are enforced.