Valero Renewable Fuels Co. v. EPA

EPA requested that the consolidated cases be kept in abeyance pending the Ninth Circuit's decision on a motion to dismiss cases challenging the same waiver challenged in this case.

Producers and sellers of liquid vehicle fuels filed a petition for review in the D.C. Circuit Court of Appeals challenging the Clean Air Act preemption waiver granted by the Biden administration U.S. Environmental Protection Agency in January 2025 for California’s Advanced Clean Cars II regulations. The producers contended that venue was proper in the D.C. Circuit because “[t]he Advanced Clean Cars II regulations covered by the waiver do not target local pollution-causing conditions; they target greenhouse gases in an effort to tackle global climate change. And because of the challenged waiver decision, those globally focused regulations may apply nationwide since other States can adopt—as eleven States have already done—and enforce California’s regulations.”