Description: Challenge to EPA’s September 2013 authorization of California standards for in-use nonroad diesel fleet vehicles.
Dalton Trucking, Inc. v. EPA
Filing Date Type File Action Taken Summary 05/10/2017 Order Download Motion to continue oral argument granted. Oral Argument Postponed in Industry Challenge to 2013 Waiver for California Nonroad Vehicle Standards. The Ninth Circuit Court of Appeals granted EPA’s request to postpone oral argument in a proceeding challenging EPA’s September 2013 authorization of California standards for in-use nonroad diesel fleet vehicles such as tractors, lawnmowers, bulldozers, cranes, locomotives, and marine craft. Oral argument had been scheduled to take place on May 18. EPA indicated in its motion to continue oral argument that newly appointed EPA officials needed time to review the “significant legal and policy issues” raised by EPA’s decision to grant the waiver for California’s more stringent standards. The California Air Resources Board opposed the delay, arguing that the matter was “long overdue for adjudication” and suggesting that if EPA believed it had authority to review the 2013 determination it should initiate its review independent of the Ninth Circuit’s resolution of the pending challenge. 05/08/2017 Response Download Opposition filed by California Air Resources Board to EPA's motion to continue oral argument. 05/05/2017 Motion Download Motion filed by EPA to continue oral argument.