LOS ANGELES, July 3 (Reuters) - Opponents of
California's ambitious targets for electric car adoption to
lower greenhouse gas emissions took their case to the U.S.
Supreme Court this week, the latest salvo against the state's
campaign to fight climate change.
Energy companies, corn growers and industry associations
have long opposed strong environmental rules in California, for
decades the only state with power to request a waiver from the
Environmental Protection Agency (EPA) to set its own vehicle
emissions regulations that are more stringent than the federal
standard.
The EPA made that exception because the nation's most
populous state has unique factors like geography and a large
number of vehicles that make smog a worse problem than in other
states.
Other states are allowed to adopt California's stricter
tailpipe emission rules, and automakers tend to follow to avoid
having to produce different vehicles for different states.
In its request for hearing, filed on Tuesday, Valero Energy
Corp's ( VLO ) Diamond Alternative Energy and other plaintiffs
said EPA's grant of a waiver for California's Advanced Clean Car
program for model years 2015 through 2025 enabled the state to
"operate as a quasi-federal regulator on global climate change."
The Diamond plaintiffs rely on the Supreme Court's 2022
ruling in West Virginia v. EPA. That decision invoked the "major
questions" doctrine, which requires explicit congressional
authorization before regulators can take consequential actions
on issues of vast economic, political and societal impact.
California Governor Gavin Newsom wants the state to be a
leader in fighting climate change and has targeted
transportation because it accounts for roughly a quarter of
emissions. A spokesperson for the governor was not immediately
available for comment.
This request for a Supreme Court review comes as oil
companies, farming groups that contribute to the production of
ethanol, trucking firms and business associations also are suing
in state and federal court to stop California's rules aimed at
slashing greenhouse gas emissions from boxy package delivery
trucks to long-distance semi trucks.
The Clean Air Act, which EPA relies on for setting tailpipe
emissions rules, does not expressly address greenhouse gas
emissions from mobile sources such as cars and trucks.
Plaintiffs in Tuesday's filing also said California does not
meet the legal requirement for "compelling and extraordinary"
provisions that would justify a waiver.
"Climate change is not an 'extraordinary' condition within
California" because it is global and not local, they said.
California also does not need its own emissions standards to
meet global climate change since its efforts would have no
discernable effect on those conditions in the state, they added.
The question of whether California may set greenhouse gas
emissions for itself and other states "is undeniably major," the
plaintiffs said, especially since California has the EPA for a
waiver for its plan to end sales of gasoline-only vehicles by
2035.
"The waiver and authority claimed here are the key parts of
a coordinated agency strategy to convert the Nation from
liquid-fuel-powered vehicles to electric vehicles," the filing
said, pointing out that would hurt demand for petroleum fuels
and biofuels.
Other plaintiffs include American Fuel & Petrochemical
Manufacturers, Kansas Corn Growers Association and the National
Association of Convenience Stores.