LOS ANGELES, July 9 (Reuters) - The state of Ohio on
Tuesday joined oil companies and business groups asking the U.S.
Supreme Court to reverse decisions that underpin California's
ambitious plans to regulate greenhouse gas emissions from cars
and trucks.
The Midwest state joined Valero's Diamond
Alternative Energy and other plaintiffs in challenging
Environmental Protection Agency (EPA) authority under the Clean
Air Act to grant waivers that allow California to set greenhouse
gas emissions limits that are stricter than the federal
government's, after a spate of Supreme Court rulings that weaken
U.S. agency authority.
"The Golden State is not the golden child. Yet in the Clean
Air Act, Congress elevated California above all the other States
by giving to the Golden State alone the power to pass certain
environmental laws," the Ohio plaintiffs wrote in their petition
to the nation's top court.
Ohio's attorney general, who brought the case, and the EPA
did not immediately respond to requests for comment.
In their request for Supreme Court review last week, the
Diamond plaintiffs said it was time for the Supreme Court to
"finally decide whether EPA has the authority to grant
California a preemption waiver to address global climate
change."
The attorney of record for that petition declined comment.
Because it has more cars and some of the nation's worst air
quality, California since the late 1960s has been the only state
with the power to request an EPA waiver to set its own vehicle
pollution standards. For the last two decades, the nation's most
populous state has used waivers to tackle greenhouse gas
emissions from vehicles, which account for about a quarter of
its climate-warming emissions.
EPA granted the California waiver at the center of these two
cases in 2013, during President Barack Obama's administration.
The EPA under President Donald Trump revoked the waiver in 2019
and President Joe Biden reinstated it in 2021.
In addition to targeting California's EPA waivers, opponents
have argued the agency cannot set greenhouse gas emissions
standards from mobile sources like vehicles because it is not
written into the Clean Air Act.
Meanwhile, environmental attorneys are monitoring the
potential impact of two recent Supreme Court decisions.
The 2022 West Virginia v. EPA ruling invoked the "major
questions" doctrine that requires explicit congressional
authorization before regulators can take consequential actions
on issues of vast economic, political and societal impact. In
addition, last week's Corner Post ruling cleared the way for new
lawsuits against rules previously considered settled.
Those cases could set the stage for dismantling rules aimed
at arresting climate change and reducing health impacts on
people living near transportation corridors known as "diesel
death zones," environmental attorneys warned.
"Pretty much everything is up for grabs again," said David
Pettit, senior attorney for climate and energy with the Natural
Resources Defense Council.
Ultimately, California waiver challenges may turn on whether
opponents can convince the court that the state is being
arbitrary and capricious or that it does not need such standards
"to meet compelling and extraordinary conditions," said Stan
Meiburg, a former acting EPA deputy administrator under Obama.