In an unpublished memorandum, the Ninth Circuit Court of Appeals reversed in part the district court’s denial of trade groups’ motions to intervene in California and other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

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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

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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

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Fossil fuel

Economic sector