Union of Concerned Scientists v. National Highway Traffic Safety Administration

On November 15, 2019, 23 states, the District of Columbia, and the Cities of New York and Los Angeles filed a petition for review in the D.C. Circuit Court of Appeal challenging EPA’s withdrawal of the waiver allowing California to implement its greenhouse gas and zero emission vehicle program. The petition for review also included a protective petition challenging the National Highway Traffic Safety Administration’s (NHTSA’s) related preemption of state programs regulating tailpipe emissions of carbon dioxide and other greenhouse gases. The states and municipalities previously filed a separate challenge to the NHTSA action in federal district court, which they believe has exclusive original jurisdiction to review the NHTSA preemption regulation.

Three air quality management districts in California filed a petition for review of the U.S. Environmental Protection Agency's withdrawal of California's waiver. The California air quality management districts also filed a complaint in federal district court in D.C. seeking a declaration that the National Highway Traffic Safety Administration preemption rule is invalid.

The National Coalition for Advanced Transportation—a “coalition of companies and non-profit organizations that supports electric vehicle and other advanced transportation technologies and related infrastructure”—filed a petition for review of the U.S. Environmental Protection Agency's withdrawal of California's waiver.

Eleven environmental and citizen groups—nine of which previously filed the Union of Concerned Scientist protective petition challenging the National Highway Traffic Safety Administration's preemption rule (No. 19-1230)—filed a second petition for review challenging U.S. Environmental Protection Agency's withdrawal of the California waiver.

A group of power and utility companies filed a petition for review of the U.S. Environmental Protection Agency's withdrawal of California's waiver.

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Advanced Energy Economy—a “not-for-profit business association dedicated to making energy secure, clean, and affordable”—filed a petition challenging the U.S. Environmental Protection Agency's withdrawal of California's waiver.

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In June 2022, the D.C. Circuit Court of Appeals issued orders that will continue to hold in abeyance cases filed in 2019 and 2020 that challenge the Trump administration’s greenhouse gas emission and fuel economy standards for model year 2021-2026 light-duty vehicles, the 2019 National Highway Traffic Safety Administration rule preempting state limits on tailpipe greenhouse gas emissions and zero-emission vehicles mandates, and EPA’s withdrawal of California’s waiver for such regulations. The D.C. Circuit will hold these cases in abeyance while it considers lawsuits challenging the Biden administration’s revised greenhouse gas emissions standards for 2023 and later model year light-duty vehicles, fuel economy standards for model years 2024-2026, and reinstatement of California’s waiver. The D.C. Circuit denied a request by states that had intervened to defend revocation of California’s waiver to allow the case challenging the waiver revocation to move forward. Those states argued that Clean Air Act’s provision for the California waiver violated the equal-sovereignty doctrine and that the 2019 suit presented “a golden opportunity to resolve the equal-sovereignty question that has dogged California’s special status for years.”