D.C. Circuit Upholds Reinstatement of California Clean Air Act Waiver

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Larisa Manescu, larisa.manescu@sierraclub.org

Washington, DC -  Today, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the Environmental Protection Agency’s (EPA) 2022 reinstatement of its waiver authorizing California to set stronger vehicle greenhouse gas emissions standards and zero-emission vehicle requirements than the federal government. 

17 other states and D.C. have adopted California’s standards. 

The Sierra Club, co-counseled with Earthjustice, was a party to the litigation in support of the EPA. No automaker went to court against the EPA. 

In response to today’s ruling, Sierra Club Senior Attorney Joshua Berman released the following statement: 

“Today’s ruling is a victory for cleaner air and cleaner cars not just in California, but across the nation. The D.C. Circuit has reaffirmed California’s critical role in protecting its residents from harmful vehicle emissions, thereby benefiting the many states that rely on adoption of California’s standards to achieve and maintain the Clean Air Act’s air quality mandates.”

Background on Ohio v. EPA: The Ohio Attorney General and a group of like-minded state Attorneys General, along with oil, gas, and ethanol interests, challenged EPA’s reinstatement of California’s long-standing preemption waiver under the Clean Air Act, which allows the state to set zero emission vehicle and greenhouse gas and other pollution emissions standards that are at least as or more stringent than EPA’s national standards. California’s standards are authorized pursuant to very clear waiver authority granted to the state by Congress in the Clean Air Act, subject to approval by the EPA.

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.