In an unpublished memorandum, the Ninth Circuit Court of Appeals reversed in part the district court’s denial of trade groups’ motions to intervene in California and other states’ case challenging Congressional Review Act resolutions that disapproved Clean Air Act preemption waivers granted to California for three vehicle emission regulations. The Ninth Circuit found that three trade groups that represented either automakers or new motor vehicle dealers demonstrated entitlement to intervention as of right. Although the Ninth Circuit affirmed the denial of intervention as of right for six trade groups that relied on impacts on their economic interests through an “attenuated chain of causality,” the Ninth Circuit found that the district court abused its discretion in denying motions for permissive intervention because the district court concluded that federal defendants would adequately represent their interests. The court remanded for the district court to determine whether permissive intervention should be granted.

Challenge to Congressional Review Act resolutions that “disapproved” Clean Air Act preemption waivers granted by the U.S. Environmental Protection Agency for California’s Advanced Clean Trucks, Advanced Clean Cars II, and Omnibus Low NOx regulations.

California v. United States

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Ninth Circuit Reversed Portions of District Court Denials of Trade Group Interventions in States’ Challenge to Congress’s Disapproval of Preemption Waivers for California Vehicle Emission Regulations

Filed

United States of America

California

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives