News & Analysis as of

Automotive Industry Waivers Environmental Protection Agency (EPA)

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

Jenner & Block on

The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

Holland & Knight LLP

Up in the Air: Challenges to California's Clean Air Act Preemption Waiver

Holland & Knight LLP on

When it comes to regulating motor vehicle emissions, California has long been different. California was the first state in the nation to enact tailpipe emission standards and as result of its "pioneering" efforts in the...more

Holland & Knight LLP

The Impact of a Trump EPA on California's Mobile Source Rules

Holland & Knight LLP on

Under Clean Air Act (CAA) Section 209(a) (42 U.S.C. § 7543), states are preempted from adopting or enforcing emissions standards for new motor vehicles or new motor vehicle engines. However, because California had adopted its...more

Goldberg Segalla

SCOTUS Declines to Review EPA’s Authority on California’s Vehicle Emission Standards

Goldberg Segalla on

In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to...more

Foley & Lardner LLP

The Rubber Meets the Road on State and Federal Vehicle Emissions Strategies

Foley & Lardner LLP on

March and April have been busy months for vehicle emission regulation in the U.S. On March 20 and March 29 respectively, the U.S. Environmental Protection Agency (U.S. EPA) issued a set of final emission rules setting...more

Cozen O'Connor

Republican Attorneys General Oppose Reinstatement Of California’s Clean Air Act Waiver

Cozen O'Connor on

A group of 16 Republican AGs, led by Ohio AG Dave Yost, sent a comment letter to the U.S. Environmental Protection Agency (“EPA”) urging it to not reinstate California’s waiver under the Clean Air Act, which the letter argues...more

Foley & Lardner LLP

California’s Drive for Zero-Emission Vehicles Continues

Foley & Lardner LLP on

On September 23rd, Governor Gavin Newsom issued a precedent-setting executive order cementing California’s continued effort to take the lead on clean vehicle policy. Executive Order N-79-20 establishes as a goal that, where...more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

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