After agreeing to hear a challenge to California’s Advanced Clean Cars rules filed by oil and gas companies, the U.S. Supreme Court denied a similar petition filed by a coalition of Republican states.
On Monday, Dec. 16, the Supreme Court decided not to hear a case filed by Ohio and 16 other states challenging the U.S. Environmental Protection Agency’s decision to grant California a waiver to establish stricter emission standards for passenger vehicles. Although the Supreme Court did not give a reason for its decision, Justice Clarence Thomas indicated he would grant the petition.
The denial of the petition comes after the Supreme Court granted a similar petition filed by oil and gas companies on Friday, Dec. 13. That case is also challenging the EPA’s waiver for Advanced Clean Cars.
In April, the U.S. Court of Appeals for the District of Columbia Circuit rejected the bid by oil companies and Republican states to overturn the EPA’s waiver. The appellate court found that neither party had standing to sue while also shooting down the states’ petition on the merits.
Both lawsuits claim that the EPA was not authorized to grant California the waiver for Advanced Clean Cars but for different reasons.
Representing oil and gas companies, Diamond Alternative Energy argues that the EPA exceeded its statutory authority under the Clean Air Act. Meanwhile, the states claim that the federal Energy Policy and Conservation Act preempt Advanced Clean Cars. They also claim that the EPA waiver is unconstitutional by invoking equal sovereignty.
However, the D.C. Circuit struck down both lawsuits, finding that the oil companies had no standing to file the lawsuit. The states also did not have standing on their preemption claim. The court found that even if it ruled in their favor, Advanced Clean Cars ended with model year 2025. Therefore, any damage that had been done could not be reversed, making it impossible to redress claimed injuries.
Although the D.C. Circuit never ruled on the merits of the case filed by oil companies, it rejected the states’ constitutional claims. Oil companies asked the Supreme Court to rule on the issue of standing and the merits. Meanwhile, the states asked the high court to overturn the ruling on its constitutional claims dealing with equal sovereignty.
On Friday, the Supreme Court agreed to hear the oil companies’ case, but only on the issue of standing.
Essentially, the high court will decide if the oil companies are allowed to challenge Advanced Clean Cars, in which case the lawsuit would be kicked back to the D.C. Circuit to rule on the merits.
As for the states’ petition, the Supreme Court’s rejection effectively kills their challenge to the EPA’s waiver for Advanced Clean Cars.
Trucking industry stakeholders will closely watch the oil companies’ case before the Supreme Court. The D.C. Circuit has yet to rule on challenges similar to those faced by Advanced Clean Trucks and Advanced Clean Fleets. Any decision made on the Advanced Clean Cars challenge could affect those lawsuits. LL
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