Republican AGs Support End of California Vehicle Emission Regulations

Cozen O'Connor
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  • Iowa AG Brenna Bird led a group of 26 Republican AGs in filing two amici curiae briefs urging the dismissal of pending challenges to Environmental Protection Agency waivers allowing California to enforce its own vehicle emissions standards.
  • One brief addresses California emissions regulations for cars, trucks, and SUVs, while the other concerns emissions from heavy-duty vehicles. In the briefs, the AGs note that, after the underlying litigation was initiated, Congress vacated the waivers for both programs pursuant to its authority under the Congressional Review Act (CRA).
  • The AGs argue that the CRA grants Congress authority to overturn agency actions like EPA waivers and that the cases should be dismissed as moot because the waivers were properly vacated under the CRA, and that the dismissal should be in a published opinion that affirms the effectiveness of the CRA.
  • We have previously covered other challenges to EPA preemption waivers for California, including efforts by a group of 18 Republican AGs to end California’s Advanced Clean Truck Rule.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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