Supreme Court Agrees to Hear California Waiver Case

Supreme Court Agrees to Hear California Waiver Case

Friday, December 13, 2024 - The U.S. Supreme Court announced today that it will hear Energy Marketers of America (EMA) and other associations’ challenge to EPA’s decision to grant a Clean Air Act waiver to the State of California for its 2021-2025 electric vehicle mandate. The groups’ petition urged the Court to review and overturn an April ruling by the U.S. Court of Appeals for the D.C. Circuit, which determined that the energy petitioners lacked standing, based on redressability, to challenge EPA’s issuance of a federal waiver allowing California to impose its Advanced Clean Cars I (ACCI) EV mandate. It is expected that the Court will focus its review narrowly on the procedural standing issue and not the validity of the waiver itself.

?“The SCOTUS decision to review the DC Circuit’s opinion is a significant step toward preserving consumer choice and ensuring that all forms of energy are treated equally,” said EMA President Rob Underwood. “The Court should clarify that EPA cannot hide behind the redressability issue to empower the EPA to allow one state to regulate vehicle greenhouse gas emissions, impose electric vehicle mandates or limit consumer access to internal combustion engine technology.”

The Court will set a schedule for briefing and oral argument in the case. A decision is expected before the end of the Court’s term next June.