Judges Wrestle With EPA Approving State Auto Programs ‘As A Whole’

September 15, 2023
Appellate judges wrestled during Sept. 15 oral arguments on California’s auto greenhouse gas and zero emission vehicle (ZEV) rules with EPA’s key interpretation that it can approve preemption waivers for state vehicle emissions policies based on the need for a program “as a whole,” rather than for individual emissions standards. But their wrangling came alongside multiple queries pressing liquid fuels groups and Republican state officials about whether they even have standing to pursue the case, known as State of Ohio,...

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