News & Analysis as of

Greenhouse Gas Emissions Preemption Environmental Protection Agency (EPA)

Baker Donelson

Endangerment Finding Reconsidered as Clean Air Waivers Are Targeted

Baker Donelson on

California's unique ability to set its own vehicle emissions standards under Section 209(b) of the Clean Air Act (CAA) is facing unprecedented legal and political challenges. At the center of the controversy is Congress's...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

Blank Rome LLP

SCOTUS Declines to Review California’s Clean Air Act Preemption Waiver—Current Implications and Expected Response from the...

Blank Rome LLP on

Update and Background - The U.S. Supreme Court, in Diamond Alternative Energy, LLC v. EPA, et al, recently declined to review whether the Environmental Protection Agency (“EPA”) exceeded its authority by granting a...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

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

Jenner & Block on

On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Hogan Lovells

EPA proposes new Heavy-Duty GHG phase 3 emission standards for model years 2028-2032

Hogan Lovells on

On April 12, 2023, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking for “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3” (the Phase 3 proposed rule or NPRM), establishing...more

Hogan Lovells

EPA grants two of three preemption waivers for CARB heavy-duty vehicle and engine regulations

Hogan Lovells on

What is the significance of EPA’s March 30, 2023 Notice of Decision (pre-publication) granting two separate requests for waivers of Clean Air Act (“CAA”) preemption for California Air Resources Board (“CARB”) regulations...more

Jones Day

States and Industry Groups Challenge California's Regulation of Vehicular Greenhouse Gas Emissions

Jones Day on

Ohio et al. v. EPA, No. 22-1081, currently being briefed in the U.S. Court of Appeals for the D.C. Circuit, presents significant issues about the scope of federal and state sovereignty, the resolution of which could have...more

Hogan Lovells

EPA Decision Reinstating California's Clean Air Act Waiver for GHG/ZEV

Hogan Lovells on

Today the U.S. Environmental Protection Agency (EPA) published its Notice of Decision in the Federal Register to rescind EPA’s 2019 withdrawal of California’s waiver of preemption under Section 209 of the Clean Air Act (CAA)...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Jones Day

Challenges to Safer Affordable Fuel-Efficient Vehicles Rule Keep Coming

Jones Day on

On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...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

Foley Hoag LLP - Environmental Law

The Trump Administration Couldn't Spell Irony If You Spotted It the I, R, O, and N.

Yesterday, EPA and the National Highway Traffic Safety Administration released the “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” more succinctly known as the withdrawal of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oregon Clean Fuels Program: U.S. Court of Appeals for the 9th Circuit Addresses Judicial Challenge

The United States Court of Appeals for the Ninth Circuit addressed a challenge to Oregon’s Clean Fuels Program (“Program”). See American Fuel & Petrochemical Manufacturers v. O’Keeffe, No. 15-35834, 2018 WL 4263250 (9th Cir....more

BakerHostetler

The "State" of the Shale Play in the United States: A Look Back on 2012 and What to Expect in 2013

BakerHostetler on

During 2012, several states adopted new statutory and regulation programs addressing the exploitation of shale resources within their boundaries. Continuing a common election year theme, Congress took no significant formal...more

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