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US Supreme Court to revisit challenge to California emission standards

US Supreme Court to revisit challenge to California emission standards

The U.S. Supreme Court appeared to be sympathetic to fuel producers' bid to challenge California's vehicle emission standards and electric cars in an air pollution case under federal law. This is a case that involves the Democratic-governed State's ability to combat greenhouse gases.

The Justices heard arguments from a Valero Energy sub-division and groups representing the fuel industry in their appeal of a lower courts ruling that they did not have the legal standing required to challenge the 2022 U.S. Environmental Protection Agency's decision to allow California to set its own rules, separate from the federal government.

Both conservative and liberal justices asked questions that indicated the court would let fuel producers pursue the case. The court has not yet announced a new rule that will make it easier for more groups and businesses, including those who are challenging government regulations that could impact their bottom lines, to do so. The court is conservatively majority 6-3. The dispute revolves around an exception given to California under former Democratic President Joe Biden to the national vehicle emissions standards set by the agency in accordance with the landmark Clean Air Act antipollution law.

Congress waived the preemption rule, allowing California to set regulations that were stricter than federal standards.

Valero Diamond Alternative Energy, along with other groups, challenged the reinstatement California's waiver. They argued that the decision exceeded EPA's authority under the Clean Air Act. It also hurt their bottom line because it lowered demand for liquid fuels.

The government has tipped the playing field against us and prevented us from selling our product freely," Jeffrey Wall, an attorney for the challengers told the justices.

Liberal Justice Elena Kagan said that Wall's claim of government slanting the market in this case "seems to be an easy thing" to prove. Edwin Kneedler is a lawyer in the Republican administration of President Donald Trump. He agreed with the U.S. Court of Appeals of the District of Columbia Circuit, that the challengers did not show the evidence they needed to be able to sue.

Kagan, however, told Kneedler the EPA had declared that the waiver will reduce gasoline emissions. This seemed to validate the concerns raised by the challengers.

Many questions focused on whether or not the challengers' assertions about the regulation's impact on carmakers, and therefore fuel producers, amounted to "common-sense inferences" that would allow them to sue.

Amy Coney Barrett, a conservative justice, said that relying on "common sense" is not a heavy burden.

California, which is the largest state in the U.S., has been granted more than 75 waivers, since 1967. These have required EV sales and emissions to be higher.

The EPA action in 2022 reinstated a waiver that allowed California to set their own tailpipe emission limits and mandate zero-emission vehicles through 2025. This reversed a decision taken during Trump's initial administration, which revoked the waiver. Trump's administration told the court it was reevaluating the 2022 reinstatement, which could lead to a withdrawal of waiver.

The D.C. The D.C. Circuit dismissed the lawsuits by 2024. It found that Valero, the states and other plaintiffs lacked standing to file their claims. There was no proof that a favorable ruling would have an impact on automakers' decisions and lead to a reduction in the number of electric vehicles and a rise in combustion vehicle sales.

The Supreme Court will likely rule before the end of June.

In recent years, the court has been skeptical of federal regulatory agencies' expansive powers and has limited the EPA's power in several important rulings. The court blocked in 2024 the EPA "Good Neighbor Rule" aimed at reducing ozone emission that could worsen air quality in neighboring states. The court weakened the EPA’s ability to protect wetlands, and combat water pollution in 2023. In 2022 it limited the agency's ability to reduce carbon emissions from coal and gas-fired plants under the Clean Air Act.

(source: Reuters)