Ohio v. EPA

The U.S. Supreme Court denied Ohio and 16 other states’ petition for writ of certiorari seeking review of the D.C. Circuit’s decision upholding the U.S. Environmental Protection Agency’s (EPA’s) grant of a preemption waiver for California’s Advanced Clean Car Program regulations. The question presented by the petition concerned congressional authority to give EPA the authority to waive preemption of California vehicle emissions standards. Justice Thomas would have granted the petition.

Ohio and 16 other states filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the D.C. Circuit’s decision upholding EPA’s grant of a preemption waiver to California for its Advanced Clean Car Program regulations. The states’ petition presented the question of whether Congress “[m]ay … pass a law under the Commerce Clause that empowers one State to exercise sovereign power that the law denies to all other States.” Entities in the liquid fuels business also filed a petition for writ of certiorari.