California Files Lawsuit Over Revoked EPA Waivers

After its waivers to tighten emissions standards were stripped, California has filed a lawsuit challenging the method of revoking said waivers. 

The suit, filed June 12 in the Northern District of California, alleges that the use of the Congressional Review Act (CRA) to disapprove the Environmental Protection Agency (EPA) waivers is unlawful. An accompanying release claims that “in the 50 years since the Clean Air Act was enacted, waivers have never been subject to the CRA.” 

Both resolutions were signed into law by President Trump on June 12, the same day the lawsuit was filed. 

“This court should declare that the resolutions have no effect on the status or enforceability of state emissions control programs,” reads the document. “This court should also require EPA to implement the Clean Air Act, including Section 209(b)(3), 42 U.S.C. § 7543(b)(3), in a manner consistent with the three waivers as granted.” 

Besides California, 9 other attorneys general signed onto the suit, including Colorado, Delaware, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Virginia.