Description: Lawsuit challenging the National Highway Traffic Safety Administration's final rule preempting state regulation of carbon dioxide emissions from vehicles.
California v. Chao
Filing Date Type File Action Taken Summary 12/19/2019 Order Download Court granted motions by National Coalition for Advanced Transportation and Calpine Corporation et al. to intervene in support of plaintiffs. 12/18/2019 Order Download Order issued consolidating cases. 12/06/2019 Order Download Order issued regarding potential consolidation of cases. 12/06/2019 Order Download Court granted Coalition for Sustainable Automotive Regulation and Association of Global Automakers motion to intervene in support of defendants. 12/03/2019 Motion to Dismiss Download Motion to dismiss or transfer filed by defendants. On December 3, 2019, the National Highway Traffic Safety Administration (NHTSA) and the other defendants filed their motion to dismiss the district court cases challenging the preemption regulation. NHTSA argued that the Court of Appeals had exclusive jurisdiction to review the regulations, including National Environmental Policy Act claims related to the preemption regulations. NHTSA also argued that the D.C. Circuit should resolve any question as to whether the National Highway Traffic Safety Administration acted outside its statutory authority in issuing the regulations. NHTSA said the district court should either dismiss the cases for lack of jurisdiction or transfer them to the D.C. Circuit. 12/03/2019 Not Available Download Coalition for Sustainable Automotive Regulation and Association of Global Automakers, Inc. filed [proposed] joinder in defendants' motion to dismiss or transfer. 12/03/2019 Opposition Download Memorandum of points and authorities filed in support of state plaintiffs' opposition to motion to dismiss. 12/03/2019 Reply Download Reply brief filed in support of defendants' motion to dismiss or transfer. 11/15/2019 Motion to Intervene Download Motion for leave to intervene as plaintiff filed by National Coalition for Advanced Transportation. 10/15/2019 Motion Download Motion to dismiss or transfer filed by defendants. 10/15/2019 Notice of Intent Download Notice of intent to file motion to dismiss filed by defendants. 10/08/2019 Motion Download Unopposed motion for leave to amend and supplement complaint filed by state plaintiffs. 09/20/2019 Complaint Download Complaint filed. States and Cities Challenged Rule Preempting State Regulation of Vehicle Carbon Dioxide Emissions. On September 19, EPA Administrator Andrew Wheeler and National Highway Traffic Safety Administration (NHTSA) Acting Administrator James Owens signed a final rule in which the U.S. Environmental Protection Agency (EPA) withdrew the waiver that allowed California to promulgate greenhouse gas standards for vehicles and establish a zero-emission vehicle (ZEV) mandate. The rule also finalized text in NHTSA regulations explicitly preempting state regulation of carbon dioxide emissions from vehicles. EPA and NHTSA described these actions as “legal matters that are independent of the technical details” of proposed federal greenhouse gas and Corporate Average Fuel Economy standards for light-duty vehicles that EPA and NHTSA have not yet finalized. EPA and NHTSA said the final waiver and preemption actions were necessary to ensure “the existence of one Federal program for light vehicles.” On September 20, California, 23 other states, the District of Columbia, New York City, and Los Angeles filed a lawsuit in federal district court in the District of Columbia against the Secretary of Transportation, Owens, the U.S. Department of Transportation, and NHTSA. The states asserted that the preemption regulation exceeded NHTSA’s authority, that the regulation contravened the Energy Policy and Conservation Act of 1975 and the Clean Air Act, and that NHTSA failed to consider the regulation’s environmental impacts as required by the National Environmental Policy Act. On September 27, nine nonprofit organizations filed a similar lawsuit challenging the NHTSA regulation.
South Coast Air Quality Management District v. Chao
Filing Date Type File Action Taken Summary 11/14/2019 Complaint Download Complaint filed. Three California air quality management districts filed a complaint in federal district court in D.C. seeking a declaration that the National Highway Traffic Safety Administration preemption rule is invalid. They also filed a related petition for review in the D.C. Circuit challenging the U.S. Environmental Protection Agency's withdrawal of California's waiver. The district court case was not officially consolidated with similar cases brought by California and other states and by environmental groups, but parties have been filing the same documents in each docket, and the documents can be found on the California case's page.
Environmental Defense Fund v. Chao