Republican AGs Appeal for an End to California’s Advanced Clean Truck Rule

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  • A group of 18 Republican AGs filed a brief with the U.S. Court of Appeals for the D.C. Circuit in a consolidation of five cases that challenge the EPA’s decision to grant California a Clean Air Act (CAA) waiver that allowed the state to enact vehicle emissions standards more stringent than those imposed by the federal government.
  • In the brief, the AGs argue that the waiver for California’s Advanced Clean Trucks rule is unconstitutional because it violates the equal-sovereignty doctrine—which prohibits states from being singled out by the federal government for special treatment—and the AGs argue that the waiver contradicts the CAA’s lead time requirement for heavy-duty vehicles and engines.
  • The AGs ask the Court of Appeals to invalidate the EPA waiver issued to California.
  • We previously covered the AGs’ filing of a petition for review in this case.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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