Freedom to Drive Inc. v. Colorado Air Quality Control Commission

An organization that described its membership as including individuals, businesses, local government representatives, and organizations throughout Colorado filed a lawsuit in Colorado state court challenging the Colorado Air Quality Control Commission’s adoption of a modified version of California’s zero emission vehicle (ZEV) program. The organization asserted that the Commission lacked authority to adopt ZEV regulations due to the federal withdrawal of California’s waiver and that ZEV regulations were preempted due to the National Highway Traffic Safety Administration's adoption of regulations preempting state regulation of greenhouse gas tailpipe emissions. In addition, the organization said Colorado’s ZEV regulations violated the Clean Air Act’s requirement that standards be identical to California’s. The organization also said the Commission violated the Colorado Air Pollution Prevention and Control Act and the Colorado Administrative Procedure Act.