California v. EPA

The D.C. Circuit Court of Appeals denied petitions for review challenging the U.S. Environmental Protection Agency’s (EPA’s) adoption of regulations that aligned emissions standards for domestic aircraft with “technology-following” standards promulgated by the International Civil Aviation Organization (ICAO) rather than establish “technology-forcing” standards. As a threshold matter, the court determined that it had jurisdiction because at least one of the state petitioners—Massachusetts—had standing under Supreme Court precedent in the nearly factually identical Massachusetts v. EPA. On the merits, the D.C. Circuit first held that the applicable Clean Air Act provision did not mandate a technology-forcing approach and that the EPA regulation permissibly implemented the provision by aligning domestic regulations with ICAO standards. Second, the D.C. Circuit rejected the petitioners’ arguments that the regulation was arbitrary and capricious. The petitioners contended that EPA failed to account for climate change harms, failed to consider alternatives that would reduce greenhouse gas emissions, and failed to sufficiently consider impacts on minority and low-income populations and on federalism interests as required by two executive orders. The court found that EPA reasonably determined that the best way to reduce global greenhouse gas emissions was to align domestic standards with international standards and that, given this conclusion, it was not necessary for EPA “to exhaustively examine alternatives that departed from these standards.” The court also found that the two executive orders, which provided no right to judicial review, foreclosed the argument that EPA acted arbitrarily and capriciously by failing to comply with them.

The court granted motions for leave to intervene filed by The Boeing Company and Aerospace Industries Association of America, Inc.

The D.C. Circuit Court of Appeals returned cases challenging EPA’s aircraft greenhouse gas standards to its active docket on December 2, 2021 after EPA decided not to commence a reconsideration proceeding or new rulemaking. The standards are challenged by 12 states and the District of Columbia and by three environmental groups. The court also granted a motion by Airlines for America to file an amicus brief in support of EPA. The parties must submit a proposed briefing format by December 23.

The D.C. Circuit granted EPA’s motion to hold cases challenging the greenhouse gas standards for aircraft in abeyance while EPA reviews the standards pursuant to Executive Order 13990. The D.C. Circuit directed that the cases be held in abeyance pending further order of the court. EPA must file status reports every 90 days.