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The Climate Litigation Database

California v. Wheeler

Geography
🇺🇸 United States / District of Columbia
Year
2019
Document Type
Litigation
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
🇺🇸 United States → District of Columbia
Docket number
19-1239
Court/admin entity
United States → United States Federal Courts → United States Court of Appeals for the District of Columbia (D.C. Cir.)
Case category
Federal Statutory Claims (US) → Clean Air Act (US) → Environmentalist Lawsuits (US)Federal Statutory Claims (US) → Other Statutes and Regulations (US)
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.
Topics
, ,  

Documents

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

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.

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Group
Topics
Target
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance