California Air Resources Board v. EPA

The California Air Resources Board (CARB), the U.S. Environmental Protection Agency (EPA), and the National Highway Traffic Safety Administration (NHTSA) stipulated to dismissal of CARB’s Freedom of Information Act (FOIA) lawsuit seeking disclosure of records concerning the analysis supporting the federal agencies’ preemption of state authority to establish vehicle emission standards. The parties agreed in July 2020 that EPA and NHTSA would respond by September 24 to clarified, limited, and revised requests for emissions analyses and other technical or scientific records regarding whether revocation of CARB’s Clean Air Act waiver for zero-emission vehicle (ZEV) regulations would have impacts on emissions of criteria pollutants, California’s attainment of the national ambient air quality standards, and California’s conformity responsibilities under the Clean Air Act. In addition to the joint stipulation of dismissal, the parties also filed a joint motion to extend time for CARB to move for fees and costs to allow the parties “a suitable period” to determine whether they could reach agreement on this issue.

The California Air Resources Board (CARB) filed a Freedom of Information Act (FOIA) lawsuit seeking to compel production by EPA and NHTSA of records concerning the analysis supporting the federal agencies’ preemption of state authority to establish vehicle emission standards. In particular, CARB alleged that it sought records “supporting the conclusion that preempting CARB’s zero-emission vehicle (ZEV) regulations would not impact emissions of criteria pollutants or otherwise hinder California from meeting its responsibilities under the Clean Air Act.” CARB asserted that EPA and NHTSA failed to make determinations on CARB’s December 10, 2019 FOIA requests.