Case Updates
Outcome
April 29, 2011
The D.C. Circuit dismissed the Chamber's petition for review on standing grounds.
U.S. Chamber files petition for review in federal preemption waiver case regarding auto emissions standards
September 08, 2009
On May 6, 2008 the EPA denied California's waiver request to set its own greenhouse gas emission standards for motor vehicles. The EPA found no compelling or extraordinary conditions unique to California that necessitated stricter standards for the State. California sued the EPA over the waiver denial, and the Chamber intervened in the lawsuit to help defend the EPA's decision. On June 30, 2009, the Agency reversed its position and granted the waiver, allowing California to adopt and enforce its own automobile emissions standards.
NCLC initiated this litigation in September 2009 with a petition to review the EPA's decision to grant a waiver of federal preemption to California under Section 209 of the Clean Air Act. The waiver opens the door to a dual set of costly emissions standards by California and other states. NCLC later responded to the EPA's motion to dismiss the case, and then filed a motion urging the D.C. Circuit to disregard EPA's abeyance request. In its motion to file a reply in opposition to EPA's motion to dismiss the case, NCLC argued that EPA's abeyance request was untimely, unwarranted, and not made in a properly-filed motion.
Case Documents
- Chamber of Commerce, et al. v. EPA (California Waiver) (Petition for Review).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Response to Motion to Dismiss).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Motion to File Surreply).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Opening Brief).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Pacific Legal Foundation Brief).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Climate Scientists' Brief).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Former EPA Administrators' Brief).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Reply Brief).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Car Dealers' Brief).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Intervenors' Final Brief).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (EPA Final Brief).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Energy Companies' Brief).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Decision).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Judgment).pdf
- Chamber of Commerce, et al. v. EPA (California Waiver) (Order).pdf