Supreme Court to hear challenge to California EV mandate

Published 8:45 am Tuesday, December 17, 2024

The U.S. Supreme Court will hear an appeal filed by Midwest corn and soybean farmers, 17 red states and liquid fuel producers and distributors who are challenging California’s electric vehicle mandate.

The court agreed Friday to decide whether the plaintiffs have standing to sue the Environmental Protection Agency, which approved California regulations phasing out new gas- and diesel-powered cars and pickups by 2035.

Growers, red states and the fuel industry claim EPA is allowing California to abuse its special status under the Clean Air Act to dictate the national vehicle market, lowering the demand for fossil and biomass fuels.

The D.C. Circuit Court of Appeals dismissed the lawsuit last spring. The court ruled the plaintiffs hadn’t shown that voiding EPA’s approval would cause automakers to change plans to produce more electric vehicles.

As a result, the court said it wasn’t in a position to redress the plaintiffs’ complaint.

In their petition to the Supreme Court, the plaintiffs accused the D.C. court of dodging the main issue: Whether California can regulate tailpipe emissions to fight climate change.

The Supreme Court may not address that question either. In accepting Diamond Alternative v. EPA, justices agreed to answer whether the plaintiffs can sue the EPA for anticipated actions by automakers.

“Facing a regulation designed to reduce the demand for their products, petitioners’ standing is self-evident,” the plaintiffs stated in their appeal to the Supreme Court.

The EPA sets national tailpipe emission standards. EPA can waive its standard and allow California to set a stricter standard. Other states must choose between the federal or California standards.

California began seeking EPA approval to use tailpipe emission standards to battle climate change in 2009. The plaintiffs contend Congress gave California special status to reduce smog, not to make vain attempts to reduce global temperatures.

The EPA’s position on granting waivers to fight climate change has changed with White House administrations. The Obama and Biden administrations granted waivers, while the Trump administration did not.

Some 20 states, including California, Oregon and Washington, have intervened to support EPA’s approval of California regulations. Washington automatically follows California tailpipe emission standards.

The case is Diamond Alternative v. EPA.

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