U.S. Court of Appeals for the D.C. Circuit

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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.

Petition for review filed 9/8/09. Statement of issues filed 10/13/2009. Response to motion to dismiss filed 11/9/09. Motion to file surreply in opposition to motion to dismiss filed 12/2/09. Opening brief filed 6/25/10. Amicus brief of Pacific Legal Foundation filed 7/1/10. Amicus brief of climate scientists filed 9/15/10. Amicus brief of former EPA administrators filed 9/16/10. Reply brief filed 10/15/10. Amicus brief of car dealers filed 11/10/10. Intervenors' final brief in support of the EPA filed 11/10/10. EPA final brief filed 11/10/10. Amicus brief of energy companies filed 11/12/10. Oral argument held 1/18/11. Decided 4/29/11.

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