Valero Renewable Fuels Co. v. EPA

American Fuel & Petrochemical Manufacturers (AFPM) and two other trade groups filed a petition for review in the D.C. Circuit Court of Appeals challenging the Clean Air Act preemption waiver granted by the Biden administration U.S. Environmental Protection Agency in January 2025 for California’s Advanced Clean Cars II regulations. Like the liquid vehicle fuel producers (but unlike American Petroleum Institute), they asserted that the D.C. Circuit was the proper venue.

Producers and sellers of liquid vehicle fuels filed a petition for review in the D.C. Circuit Court of Appeals challenging the Clean Air Act preemption waiver granted by the Biden administration U.S. Environmental Protection Agency in January 2025 for California’s Advanced Clean Cars II regulations. The producers contended that venue was proper in the D.C. Circuit because “[t]he Advanced Clean Cars II regulations covered by the waiver do not target local pollution-causing conditions; they target greenhouse gases in an effort to tackle global climate change. And because of the challenged waiver decision, those globally focused regulations may apply nationwide since other States can adopt—as eleven States have already done—and enforce California’s regulations.”

On March 7, 2025, American Petroleum Institute (API) filed a petition for review in the D.C. Circuit Court of Appeals challenging the Clean Air Act preemption waiver granted by the Biden administration U.S. Environmental Protection Agency in January 2025 for California’s Advanced Clean Cars II regulations. API filed the petition as a "protective measure," having also filed a <a href="https://climatecasechart.com/case/american-petroleum-institute-v-epa-7/">petition for review</a> in the Ninth Circuit, which APA contended had jurisdiction over the case because the challenged action was “locally or regionally applicable,” which made review in the Ninth Circuit appropriate under the Clean Air Act’s jurisdiction provision.