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December 15, 2024

SCOTUS to hear arguments in case that could facilitate challenges of federal regulations

The U.S. Supreme Court this week signaled its willingness to hear a case with potentially far-reaching implications for progressive environmental regulatory schemes.

According to the Associated Press, the high court is now poised to take up an appeal that may pave the way for easier challenges of federal regulations, with the dispute at issue centered on California's vehicle emissions standards.

EPA waiver forms basis of dispute

At issue in the case is a dispute between fuel producers and the federal government, which granted a waiver to the state of California in 2022, allowing officials to set stricter emissions limits than the national standard promulgated by the EPA.

Arguments in the case are set for spring when a new, Trump-led administration is likely to adopt a more business-friendly stance on the question.

It is worth noting that the justices will not be weighing in the EPA-granted waiver itself but will be examining whether the fuel companies enjoy the legal standing needed to challenge the agency's action.

At the federal appeals court level below, it was determined that the fuel companies did not have any right to initiate litigation, with the reasoning being that they did not put forth evidence that the EPA waiver would them, given that its impact was directly aimed instead at automakers.

The Biden administration, in court documents, noted that several car manufacturers, including Honda, Volkswagen, and Ford, had already met the heightened California standards.

Administrative authority at issue

Of greater importance, according to the fuel companies, is their contention that if permitted to stand, the appellate ruling would assuredly “imperil future challenges to administrative action.”

With regard to the standing dispute, the companies contend that if the waiver could be successfully challenged, “automakers would produce fewer electric vehicles and more gas-powered cars.”

That would, in turn, impact the amount of fuel they would be able to sell, giving them the legal status needed to pursue this line of litigation.

As the Guardian notes, those attempting to predict which way the court may rule in this case may find conflicting signals from a series of recent decisions.

The court's decision to upend the so-called Chevron doctrine of deference to administrative agencies could militate in favor of the fuel companies, though the justices' decisions regarding challenges to other environmental regulations suggest that the outcome in this instance is far from certain.

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