Western States Trucking Association, Inc. v. EPA

On November 24, 2023, EPA filed a motion in the D.C. Circuit Court of Appeals requesting that the court suspend briefing in cases challenging EPA’s Clean Air Act preemption waiver for California regulations establishing standards and requirements for heavy-duty vehicles and engines. EPA said it had become apparent after the petitioners submitted their opening briefs that “the large majority of issues” presented in these cases were already before the court in the pending cases challenging EPA’s reinstatement of California’s preemption waiver for light-duty vehicle greenhouse gas emissions standards (<a href="https://climatecasechart.com/case/ohio-v-epa/">Ohio v. EPA</a>) and EPA’s own standards for greenhouse gas emissions from light-duty vehicles (<a href="https://climatecasechart.com/case/texas-v-epa-2/">Texas v. EPA</a>). EPA argued that it therefore would promote judicial efficiency and preserve parties’ resources to hold the challenges to the heavy-duty vehicle waiver in abeyance until the D.C. Circuit issues decisions in the other cases. The overlapping arguments include issues regarding the constitutionality of the waiver provision; questions regarding statutory interpretation of the Clean Air Act’s waiver provision and the relevance of the major questions doctrine, federalism canon, and constitutional avoidance canon; and disputes regarding whether EPA’s standards amount to an impermissible electric vehicle mandate. All petitioners who expressed a position on EPA’s motion opposed it.

Six petitions for review were filed in the D.C. Circuit Court of Appeals challenging EPA’s final action granting the California Air Resources Board’s requests for waivers of Clean Air Act preemption for four sets of standards for heavy-duty onroad vehicles and engines: (1) the Heavy-Duty Vehicle and Engine Emission Warranty Regulations and Maintenance Provisions; (2) the Advanced Clean Trucks Regulation; (3) the Zero Emission Airport Shuttle Regulation; and (4) the Zero-Emission Power Train Certification Regulation. The petitioners included trade associations representing various industries, including the biofuel industry; 19 states (led by Iowa); advocacy groups; and local water districts in California that operate fleets affected by the regulations.