Owner-Operator Independent Drivers Association, Inc. v. EPA

The D.C. Circuit Court of Appeals dismissed a petition challenging EPA’s granting to California of a waiver of federal preemption related to the State’s tractor trailer emissions regulations. The court concluded that it lacked jurisdiction to consider the petition because the petitioner raised only a constitutional claim and did not address whether EPA’s action was arbitrary or capricious. The court, which said the issues did not warrant a published opinion, said it was not determining whether it could decide a constitutional claim brought within a broader challenge to an EPA waiver determination.

The Owner-Operator Independent Drivers Association, Inc. petitioned the D.C. Circuit Court of Appeals to review EPA’s <a href="http://www.gpo.gov/fdsys/pkg/FR-2014-08-07/pdf/2014-18742.pdf">granting</a> of a request by the California Air Resources Board for a waiver of Clean Air Act preemption of certain provisions of California’s greenhouse gas regulations for heavy-duty tractor-trailer trucks. The waiver encompasses sleeper-cab tractors for model years 2011 through 2013 and dry-van and refrigerated-van trailers encompassed by such tractors starting with the 2011 model year.