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Supreme Court Indicates Fuel Producers Can Sue Over California Emission Waiver

Justices across ideological lines suggest granting legal standing to challenge California’s stricter vehicle emission standards, with a decision expected by June.

Traffic moves along a freeway as vehicles travel towards Los Angeles, California, U.S., March 22, 2022.  REUTERS/Mike Blake/File Photo
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Overview

  • The Supreme Court heard oral arguments on whether fuel producers can challenge the EPA’s 2022 reinstatement of California’s Clean Air Act waiver.
  • Justices, both conservative and liberal, expressed support for allowing the lawsuit, questioning the lower court's dismissal for lack of standing.
  • California’s waiver enables stricter emission standards and zero-emission mandates, influencing over a dozen states and aiming to phase out gas-powered vehicles by 2035.
  • Fuel producers argue the waiver harms their economic interests by reducing demand for liquid fuels, while California contends market forces are driving the shift to electric vehicles.
  • A ruling on the standing question, which could set broader precedent for regulatory challenges, is anticipated by June 2025.