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The Climate Litigation Database
Litigation

California v. Wheeler

Date
2019
Geography
District of Columbia
Part of
Union of Concerned Scientists v. National Highway Traffic Safety Administration

About this case

Filing year
2019
Status
Non-binding statement of issues to be raised filed by state and municipal petitioners.
Geography
Docket number
19-1239
Court/admin entity
United States → Federal Courts → D.C. Cir.
Case category
Federal Statutory Claims → Clean Air Act → Environmentalist LawsuitsFederal Statutory Claims → Other Statutes and Regulations
Principal law
United States → Clean Air Act (CAA)United States → Energy Policy and Conservation Act (EPCA)
At issue
Proceedings challenging the National Highway Traffic Safety Administration's rule preempting state limits on tailpipe greenhouse gas emissions and zero-emission vehicle mandates and EPA's withdrawal of California's waiver.

Documents

Filing Date
Type
Action Taken
Document
Summary
12/26/2019
Statement
Non-binding statement of issues to be raised filed by state and municipal petitioners.
View
–
12/13/2019
Motion To Intervene
Motion for leave to intervene in support of respondents filed by American Fuel & Petrochemical Manufacturers.
View
–
11/15/2019
Petition
Petition for review filed.
View
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.

Summary

Proceedings challenging the National Highway Traffic Safety Administration's rule preempting state limits on tailpipe greenhouse gas emissions and zero-emission vehicle mandates and EPA's withdrawal of California's waiver.