DOJ Seeks Dismissal Of California’s Amended Suit Over CRA Waiver Repeals

The Department of Justice (DOJ) is detailing arguments for why a federal district court should dismiss an amended complaint by California and 10 other states that EPA, Congress and other federal officials illegally used the Congressional Review Act (CRA) to rescind Clean Air Act preemption waivers for several California vehicle programs. “Plaintiffs’ claims are non-justiciable as a statutory matter,” states DOJ’s Nov. 17 motion to dismiss . “The CRA expressly precludes review: ‘No determination, finding, action, or omission under this...