Description: Challenge to EPA's granting of California's requests for waivers of Clean Air Act preemption for four sets of heavy-duty onroad vehicle and engine standards.
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Western States Trucking Association, Inc. v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 12/04/2023 Opposition Download Private petitioners filed response in opposition to EPA's motion to hold case in abeyance. 12/04/2023 Opposition Download State petitioners filed opposition to motion to hold appeal in abeyance. 11/24/2023 Motion Download Motion to hold case in abeyance filed by EPA. EPA Said Cases Challenging Preemption Waiver for California’s Heavy-Duty Vehicle Standards Should Be Placed on Hold Pending Outcome of Light-Duty Vehicle Cases. On November 24, 2023, EPA filed a motion in the D.C. Circuit Court of Appeals requesting that the court suspend briefing in cases challenging EPA’s Clean Air Act preemption waiver for California regulations establishing standards and requirements for heavy-duty vehicles and engines. EPA said it had become apparent after the petitioners submitted their opening briefs that “the large majority of issues” presented in these cases were already before the court in the pending cases challenging EPA’s reinstatement of California’s preemption waiver for light-duty vehicle greenhouse gas emissions standards (Ohio v. EPA) and EPA’s own standards for greenhouse gas emissions from light-duty vehicles (Texas v. EPA). EPA argued that it therefore would promote judicial efficiency and preserve parties’ resources to hold the challenges to the heavy-duty vehicle waiver in abeyance until the D.C. Circuit issues decisions in the other cases. The overlapping arguments include issues regarding the constitutionality of the waiver provision; questions regarding statutory interpretation of the Clean Air Act’s waiver provision and the relevance of the major questions doctrine, federalism canon, and constitutional avoidance canon; and disputes regarding whether EPA’s standards amount to an impermissible electric vehicle mandate. All petitioners who expressed a position on EPA’s motion opposed it. 11/13/2023 Amicus Brief Download Brief filed by amicus curiae The Sulphur Institute. 11/13/2023 Amicus Brief Download Brief filed by amici curiae Chamber of Commerce for the United States et al. in support of petitioners. 11/03/2023 Brief Download Brief filed by state petitioners Iowa et al. 11/03/2023 Brief Download Initial brief filed by private petitioners. 06/29/2023 Motion to Intervene Download Motion filed by public interest organizations for leave to intervene in support of respondents. 06/29/2023 Motion to Intervene Download Motion filed by environmental justice organizations to intervene in support of respondents. 06/28/2023 Motion to Intervene Download Motion for leave to intervene in support of respondents filed by California, other states, D.C., Los Angeles, and New York City. 06/05/2023 Petition for Review Download Petition for review filed. Lawsuits Challenged Clean Air Act Waiver for California’s Heavy-Duty Vehicle Regulations. Six petitions for review were filed in the D.C. Circuit Court of Appeals challenging EPA’s final action granting the California Air Resources Board’s requests for waivers of Clean Air Act preemption for four sets of standards for heavy-duty onroad vehicles and engines: (1) the Heavy-Duty Vehicle and Engine Emission Warranty Regulations and Maintenance Provisions; (2) the Advanced Clean Trucks Regulation; (3) the Zero Emission Airport Shuttle Regulation; and (4) the Zero-Emission Power Train Certification Regulation. The petitioners included trade associations representing various industries, including the biofuel industry; 19 states (led by Iowa); advocacy groups; and local water districts in California that operate fleets affected by the regulations. -
Iowa v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 06/05/2023 Petition for Review Download Petition for review filed. -
Illinois Soybean Association v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 06/05/2023 Petition for Review Download Petition for review filed. -
American Fuel & Petrochemical Manufacturers v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 06/05/2023 Petition for Review Download Petition for review filed. -
The 200 for Homeownership v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 06/05/2023 Petition for Review Download Petition for review filed. -
Owner-Operator Independent Drivers Association, Inc. v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 06/05/2023 Petition for Review Download Petition for review filed.