1 Analyses of this federal-register by attorneys

  1. Regulating Automotive Emissions: Part II - The Future of California’s Emissions Waivers

    BakerHostetlerLindsey SimmonsDecember 20, 2024

    preemption for the adoption of emissions standards for certain new nonroad vehicles and new nonroad vehicle engines. See Section 209(e). EPA, “California State Motor Vehicle Pollution Control Standards; Notice of Decision Denying a Waiver of Clean Air Act Preemption for California’s 2009 and Subsequent Model Year Greenhouse Gas Emissions,” 73 Fed. Reg. 12156 (Mar. 6, 2008).See 42 U.S.C. §7507.See California Air Resources Board (CARB), “Section 177 States Regulation Dashboard,” https://ww2.arb.ca.gov/our-work/programs/advanced-clean-cars-program/states-have-adopted-californias-vehicle-regulations. EPA, “California State Motor Vehicle Pollution Control Standards; Notice of Decision Denying a Waiver of Clean Air Act Preemption for California’s 2009 and Subsequent Model Year Greenhouse Gas Emissions,” 73 Fed. Reg. 12156 (Mar. 6, 2008).Id. at 12159-69.See EPA and NHTSA, “The Safer, Affordable, Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021 – 2026 Passenger Cars and Light Trucks,” 83 Fed. Reg. 42986 (Aug. 24, 2018). 84 Fed. Reg. 51310.Id. at 51340-1.Ohio v. EPA, 98 F.4th 288 (D.C. Cir. 2024) at 22. Certiorari Granted, Diamond Alternative Energy, LLC v. EPA, et al., No. 24-7. (Question Presented is “Whether a party may establish the redressability component of Article III standing by relying on the coercive and predictable effects of regulation on third parties.”) Denial of Petition for Writ of Certiorari, Ohio v. EPA, No. 24-13, (“The petition for a writ of certiorari is denied. Justice Thomas would grant the petition for a writ of certiorari.”)[View source.]