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Freedom to Drive Inc. v. Colorado Air Quality Control Commission

Filing Date: 2019
Case Categories:
  • Federal Statutory Claims
    • Clean Air Act
      • Industry Lawsuits
        • State and Municipal Vehicle Standards
Principal Laws:
Clean Air Act (CAA), Energy Policy and Conservation Act (EPCA), Colorado Air Pollution Prevention and Control Act, Colorado Administrative Procedure Act
Description: Challenge to the Colorado Air Quality Control Commission's adoption of a modified version of the California Zero Emission Vehicle program.
  • Freedom to Drive Inc. v. Colorado Air Quality Control Commission
    Docket number(s): 2019CV34156
    Court/Admin Entity: Colo. Dist. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    10/30/2019 Complaint Download First amended complaint filed. Lawsuit Filed Challenging Colorado ZEV Program. An organization that described its membership as including individuals, businesses, local government representatives, and organizations throughout Colorado filed a lawsuit in Colorado state court challenging the Colorado Air Quality Control Commission’s adoption of a modified version of California’s zero emission vehicle (ZEV) program. The organization asserted that the Commission lacked authority to adopt ZEV regulations due to the federal withdrawal of California’s waiver and that ZEV regulations were preempted due to the National Highway Traffic Safety Administration's adoption of regulations preempting state regulation of greenhouse gas tailpipe emissions. In addition, the organization said Colorado’s ZEV regulations violated the Clean Air Act’s requirement that standards be identical to California’s. The organization also said the Commission violated the Colorado Air Pollution Prevention and Control Act and the Colorado Administrative Procedure Act.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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