The Supreme Court has agreed to hear a case that will challenge California’s Advanced Clean Cars regulations, likely affecting similar challenges to Advanced Clean Trucks and Advanced Clean Fleets.
On Friday, Dec. 13, the Supreme Court granted Diamond Alternative Energy’s petition to hear its case challenging California’s ability to set stricter emission standards. In April, the U.S. Court of Appeals for the District of Columbia Circuit upheld the state’s Clean Air Act waiver that gave it that power.
At the center of the lawsuit is California’s Advanced Clean Cars rule, which established emission rules for passenger vehicles that are more strict than federal standards. California is the only state allowed to set stricter standards as long as it receives a waiver from the Environmental Protection Agency. It is that waiver, which is under attack.
Although the lawsuit targets Advanced Clean Cars, any decision made by the Supreme Court will likely have a direct effect on lawsuits challenging Advanced Clean Trucks and Advanced Clean Fleets.
Those lawsuits also question whether the Clean Air Act’s California waiver is constitutional.
In Diamond Alternative Energy’s case, the appellate court found the energy company and the 17 states that were also party to the lawsuit had no standing to sue the EPA. Consequently, the merits of its case were never heard. The oil company and states asked the Supreme Court to rule both on the standing issue and the merits of the case. However, the high court agreed to hear only the issue of standing.
Consequently, if the Supreme Court rules in favor of the petitioners, the case will go back to the court of appeals to be decided on the merits. Historically, the D.C. Circuit Court has ruled in favor of the Clean Air Act. If the Supreme Court affirms the lower court’s decision, the case is more or less dead. LL
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