Petitions Ask High Court To Overturn Calif. Emission Standards

Seeking to roll back California’s vehicle-emission standards, two groups are petitioning the Supreme Court to act.  

Sixteen fuel-focused organizations filed a writ with the high court July 2, followed three days later by 17 states. Both appeals take issue with the Environmental Protection Agency (EPA) granting the Golden State a waiver for its Advanced Clean Car regulation, which requires an increasing percentage of zero-emission vehicles to be sold each year moving forward. 

“The Golden State is not the golden child,” reads the July 5 filing by the states. “Yet in the Clean Air Act, Congress elevated California above all the other States by giving to the Golden State alone the power to pass certain environmental laws.” 

The states argue that this is unconstitutional because it does not leave all 50 states on equal ground. The case was previously heard by the Court of Appeals for the District of Columbia Circuit, which upheld the waiver. 

Led by Ohio, the other 16 petitioning states are Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah and West Virginia. 

“As a concurrent challenge of 17 states explains, there are serious constitutional concerns with a statute that allows only California to act as a junior-varsity EPA,” reads the industry groups’ July 2 petition. The group includes energy producers, manufacturers, distributors and numerous associations devoted to corn and soybean, both of which are used as fuel additives.