Description: Challenge to NHTSA’s regulations regarding CAFE standards on preemption grounds.
California v. EPA
Filing Date Type File Action Taken Summary 12/22/2008 Not Available Download Report and recommendation issued. The State of California filed a lawsuit seeking documents under the Freedom of Information Act (FOIA) concerning statements made by officials at the National Highway Transportation Safety Administration (NHTSA) that the state’s regulation of CO2 is preempted by federal law. Specifically, the state sought documents concerning NHTSA’s discussion of California’s regulations and preemption with certain officials as well as certain meetings and phone conversations where these topics were discussed. NHTSA contended that many of these documents were exempt from disclosure under the deliberative process privilege. Both sides moved for summary judgment. The magistrate judge assigned to the case issued a ruling recommending that some of the documents in dispute were not covered by the privilege and thus should be disclosed.