Energy, Business Groups Ask Supreme Court To Stop California From Forcing EVs On The Rest Of America

Numerous trade associations are asking the Supreme Court to review a lower court’s decision that effectively allowed California to push electric vehicles (EVs) on the rest of the U.S.

The coalition of plaintiffs are asking the highest court in the land to take up a review of the D.C. Circuit’s dismissal of a previous challenge against the Environmental Protection Agency’s (EPA) approval of a California Air Resource Board (CARB) request to pursue tailpipe emissions standards that are more stringent than federal requirements. If the Supreme Court were to take the case and decide favorably for the plaintiffs, the ruling could potentially deal a serious blow to California’s de facto ability to dictate emissions standards and force EVs on the rest of the country, a spokesperson for one of the involved trade associations suggested.

“We are asking the Supreme Court to reverse the D.C. Circuit’s erroneous holding that fuel providers lack ‘standing’ to challenge EPA’s unlawful California waiver, and also to provide long overdue clarity on the authority of EPA and California to mandate electric vehicles,” said Chet Thompson, AFPM’s president and CEO. “California is not a ‘super state,’ its Clean Air Act carveout does not give it special privileges to regulate greenhouse gas emissions standards or dictate what types of car and truck powertrains can be sold in this country. Authority of this magnitude rests with Congress.”

Diamond Alternative v Environmental Protection – Petition for Writ by Nick Pope on Scribd

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California is unique in that it can apply for Clean Air Act waivers to issue vehicle emissions rules that are tighter than those of the federal government; a number