Suit Over EPA Waiver For CARB’s SORE Rule Proceeds After Stay Denied

The 9th Circuit is preparing to hear industry litigation challenging the Biden-EPA’s Clean Air Act preemption waiver allowing California to enforce its rules setting zero-emissions mandates for most new small off-road engines (SORE), after a panel denied a motion by the Outdoor Power Equipment Institute (OPEI) to stay the agency’s action. The panel of the U.S. Court of Appeals for the 9th Circuit late last month denied the industry request for a stay, citing circuit precedent in Nken v. Holder...