US Supreme Court poised to revive challenge to California emissions standards
By Andrew Chung
WASHINGTON (Reuters) - U.S. Supreme Court justices appeared sympathetic on Wednesday to a bid by fuel producers to challenge California's standards for vehicle emissions and electric cars under a federal air pollution law in a case involving the Democratic-governed state's power to fight greenhouse gases.
The justices heard arguments in an appeal by a Valero Energy subsidiary and fuel industry groups of a lower court's ruling that they lacked the required legal standing to challenge a 2022 U.S. Environmental Protection Agency decision to let California set its own regulations, separate from those of the federal government.
Questioned posed by conservative and liberal justices alike indicated that the court would allow fuel producers to pursue the case. It remained uncertain whether the court would announce a rule suggested by the challengers that would make it easier for a wider array of groups and businesses to challenge any government regulation that may impact their bottom line. The court has a 6-3 conservative majority.
The dispute centers on an exception granted to California during Democratic former President Joe Biden's administration to national vehicle emission standards set by the agency under the landmark Clean Air Act anti-pollution law.
Though states and municipalities are generally preempted from enacting their own limits, Congress allowed the EPA to waive the preemption rule to let California set certain regulations that are stricter than federal standards.
Valero's Diamond Alternative Energy and related groups challenged the reinstatement of California's waiver, arguing that the decision exceeded the EPA's power under the Clean Air Act and inflicted harm on their bottom line by lowering demand for liquid fuels.
"The government has tilted the playing field and foreclosed us from being able to freely sell our product," Jeffrey Wall, a lawyer for the challengers, told the justices.
Liberal Justice Elena Kagan told Wall that the government's tilt of the market "seems like an easy thing to show" in this case.
A lawyer for Republican President Donald Trump's administration, Edwin Kneedler, agreed with the U.S. Court of Appeals for the District of Columbia Circuit that the challengers had not shown the evidence that would entitle them to sue.
But Kagan told Kneedler that both the EPA and California had made declarations that the waiver would reduce gasoline-related emissions, seeming to validate the concerns of the challengers.
Numerous questions centered on whether the assertions by the challengers about how the regulation would influence carmakers and thus affect fuel producers amounted to a "common sense inference" that would permit them to sue.
Conservative Justice Amy Coney Barrett said that in relying on common sense, "It's not that high a burden."
California, the most-populous U.S. state, has received more than 75 waivers since 1967, requiring increasingly higher emissions performance and EV sales.
The EPA's 2022 action reinstated a waiver for California to set its own tailpipe emissions limits and zero-emission vehicle mandate through 2025, reversing a 2019 decision made during Trump's first administration rescinding the waiver.
Trump's administration has told the court that it is reassessing the 2022 reinstatement decision, a process that may again lead to the withdrawal of the waiver.
The D.C. Circuit threw out the lawsuits in 2024, finding that Valero and the states lacked the necessary standing to bring their claims because there was no evidence that a ruling in their favor might affect the decisions of auto manufacturers in a way that would result in fewer electric and more combustion vehicles to be sold.
The Supreme Court is expected to rule by the end of June.
The court has taken a skeptical view toward expansive authority for federal regulatory agencies and has restricted the powers of the EPA in some important rulings in recent years.
In 2024, the court blocked the EPA's "Good Neighbor" rule aimed at reducing ozone emissions that may worsen air pollution in neighboring states. In 2023, the court hobbled the EPA's power to protect wetlands and fight water pollution. In 2022, it imposed limits on the agency's authority under the Clean Air Act to reduce coal- and gas-fired power plant carbon emissions.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
34 minutes ago
- Yahoo
Australia to boost aerial surveillance of Pacific for illegal fishing fleets
By Kirsty Needham SYDNEY (Reuters) -Australia plans to significantly boost surveillance of Pacific Islands territorial waters, spending A$477 million ($310.72 million) on aerial patrols for illegal fishing fleets, tender documents viewed by Reuters show, as China takes steps towards sending its coast guard to the region. Australia's Prime Minister Anthony Albanese will visit Fiji on Friday, the Fiji Times newspaper reported, after the government of Prime Minister Sitiveni Rabuka last week approved a maritime security agreement that will see Australia fund a patrol boat for Fiji. Australia will operate commercial aerial patrols to support Pacific Island countries monitoring exclusive economic zones which span millions of kilometres of ocean. Efforts to tackle illegal fishing also led to a new monitoring centre being opened in Fiji in April. Australia's defence department declined to comment on the aerial tender, and Pacific Minister Pat Conroy did not respond to a request for comment. Reuters reported last week that China's coast guard is taking further steps towards high seas boarding of fishing boats in the Pacific for the first time, risking tensions with Taiwanese fleets that also ply the region. The Chinese Coast Guard demonstrated the capabilities of one of its largest ships, used to enforce maritime law in the Taiwan Strait, to 10 Pacific Island ministers, including Fiji's, in China a fortnight ago. China has registered 26 coast guard vessels for Pacific Ocean patrols with the Western and Central Pacific Fisheries Commission, although it is yet to conduct an inspection, WCPFC officials said. China declined to comment. Australia has gifted two dozen patrol boats to Pacific Island nations, and operates navy and air force patrols for illegal fishing in the region several times a year. Sangaa Clark, chief executive of the Parties to the Nauru Agreement, representing nine Pacific Island countries controlling the world's largest tuna fishery, said the group has not invited China to conduct coast guard patrols, and instead relied on Australian-funded surveillance and patrols by Australia, New Zealand, France and the United States. Pacific security expert Peter Connolly, a fellow at the University of New South Wales, said Chinese Coast Guard patrols in the region would "introduce geostrategic tensions to the policing of the Pacific's fisheries". "This is particularly likely because the two most common nationalities of illegal fishermen in the Pacific have been from the PRC and from Taiwan," he said, referring to the People's Republic of China. ($1 = 1.5352 Australian dollars)
Yahoo
35 minutes ago
- Yahoo
Live updates: Pritzker testifies before Congress on Illinois sanctuary laws
The Brief Illinois Gov. JB Pritzker is testifying Thursday morning in front of a House committee about the state's sanctuary laws. Pritzker has said some GOP committee members want to question him "for a dog-and-pony show." The hearing could serve as another opportunity for Pritzker to position himself as a top contender in the Democratic Party. WASHINGTON, D.C. - Gov. JB Pritzker is set to testify before a U.S. House committee on Thursday morning about the state's "sanctuary" laws aimed at limiting local law enforcement cooperation with federal immigration enforcement. Pritzker, along with fellow Democratic governors Tim Walz of Minnesota and Kathy Hochul of New York, appeared in front of the House Committee on Oversight and Government Reform. The entire hearing is being streamed live in the media player at the top of this story. 9:34 a.m. - Pritzker addresses the busloads of migrants that Gov. Greg Abbott of Texas sent to Chicago starting in August 2022. "Illinois chose a different path. Faced with a humanitarian crisis, our state made sure children and families did not go hungry or freeze to death," Pritzker said. 9:30 a.m. - Pritzker begins opening remarks: "I have seen firsthand how states have had to shoulder the consequences of a broken immigration system. I'm proud of how we've and compassionate immigration policies I believe are vital." Pritzker then recounted his family history, the arrival of his great-grandfather escaping pogroms and coming to Chicago. It feels like Pritzker might utilize this moment to introduce himself to a national audience who might not be familiar with him. 9:24 a.m. - Rep. Raja Krishnamoorthi (D-Ill.), similar to his role in the Brandon Johnson hearing, hyped up Pritzker's investments and leadership in Illinois. 9:21 a.m. - During Lynch's opening remarks, Florida Rep. Byron Donalds, who is running for Governor there, walks out and puts his finger to his head, mouthing the word "crazy." The political context of these hearings is inescapable: Chairman Comer is running as a Republican for Governor of Kentucky. Donald is running in Florida. Pritzker and Walz may be running for president. There will be fundraising pitches based upon the content today. 9:15 a.m. - Rep. Stephen Lynch (D-Mass.) follows Chairman Comer, condemning the Trump administration's mass deportation policies. Lynch used his opening remarks to tie the hearing to the "militarization of American cities" under Trump and the administration's deportation of young U.S. citizens with undocumented parents. 9:07 a.m. - Hearing begins as House Oversight Committee Chairman James Comer opens the meeting with opening statements on "dangerous sanctuary policies." "Let me clear, sanctuary policies don't protect Americans. They protect criminal illegals," Comer said. 8:56 a.m. - Pritzker has entered the building. 8:50 a.m. - Members of the Illinois House Freedom Caucus are in attendance for Pritzker's remarks. 8:40 a.m. 8:25 a.m. - Pritzker's office released his planned remarks hours ahead of the hearing. Among his talking points, Pritzker highlighted how Illinois mobilized quickly to offer shelter, food and services to over 50,000 migrants sent from the southern border without warning. Pritzker blamed both parties in Congress and the federal government for their failure to act. He also said that Illinois cooperates with federal authorities on criminal matters but won't misuse state resources for immigration enforcement that doesn't serve public safety. 8:12 a.m. - We are less than an hour away from the opening gavel. Pritzker, Walz and Hochul are expected to kick off the hearing with planned opening remarks. FOX 32's Paris Schutz laid out what he expects to hear from Pritzker's testimony. Hours ahead of the hearing, Pritzker released his planned opening remarks, which touched on how Illinois is handling the influx of immigrants and prioritizing public safety. Read his full remarks here. What we know The governor has said he believes some GOP members want to question him "for a dog-and-pony show" and who "simply want to grandstand in front of the cameras." He added, "I'm going there in a serious matter to give them my views about how we're managing through a problem that's been created for the state by the federal government." In a statement, Committee Chairman James Comer (R-Kentucky) said, "The governors of these states must explain why they are prioritizing the protection of criminal illegal aliens over the safety of U.S. citizens, and they must be held accountable." Back in March, the same committee hosted Chicago Mayor Brandon Johnson, along with the mayors of Boston, Denver, and New York, to testify about the city's sanctuary policies. The national spotlight could also serve as a chance for Pritzker to further cement his status as a top potential contender for the Democratic nomination for president in 2028. The 60-year-old has not yet said if he'll run for re-election to the governorship in 2026. Pritzker has been garnering national headlines from calling out "do nothing Democrats" during a speech in New Hampshire, a key primary state, to appearing on late night talk shows. The governor, who is worth $3.7 billion per Forbes, is seen as a top contender for his party's nomination in 2028. He boasts a long list of progressive accomplishments in Illinois since he first took office in 2019, including codifying abortion rights, banning assault weapons, a big infrastructure funding plan, the legalization of recreational marijuana, and stabilizing the state's notoriously shaky finances. Dig deeper In 2017, Illinois enacted the TRUST Act under Republican Gov. Bruce Rauner. The law bans local police from complying with federal requests to detain or arrest a person in the country illegally, unless ordered by a judge. Local law enforcement also cannot stop, search, or arrest anyone based solely on their immigration or citizenship status. In 2021, the state legislature passed laws expanding protections for immigrants in Illinois. The updated laws required local officials to end partnerships with ICE to detain immigrants. Lawmakers also prohibited officials from inquiring about the citizenship or immigration status of an individual in custody, unless they're presented with a federal criminal warrant. Among other measures, the state legislature also required state and local law enforcement agencies to report requests from the U.S. Department of Homeland Security. Despite the moves to protect migrants from potential arrests and deportations, Republicans have criticized the policies. U.S. Rep. Mary Miller, a Republican who represents much of the rural cental parts of the state, called on local sheriffs earlier this year to defy the state's sanctuary laws. She said such policies have turned Illinois into a "cesspool of crime and drugs."
Yahoo
35 minutes ago
- Yahoo
Walz, Hochul, Pritzker face off with Congress as Newsom battles Trump
Democratic "sanctuary governors" will face a barrage of tough questions at a highly anticipated congressional hearing Thursday morning, as California Gov. Gavin Newsom and President Donald Trump continue to throw jabs over immigration policy. Minnesota Gov. Tim Walz, New York Gov. Kathy Hochul and Illinois Gov. J.B. Pritzker will testify before the House Oversight Committee and sources tell Fox that Los Angeles riots over Immigration and Customs Enforcement (ICE) raids and Newsom's battle with Trump will likely be prominent topics of discussion. Gop Leadership Unleashes Fury On Dem Governor Ahead Of Blockbuster Congressional Hearing Fox News Digital obtained opening remarks to be delivered by Oversight Chairman James Comer, R-Ky., which will set the tone for the fiery hearing. "These Governors handcuff law enforcement from doing their jobs, harbor predators, and call it 'compassion,'" Comer's opening remarks explain. "It is NOT compassion, and it is costing lives, hurting Americans, and draining taxpayer money. Congress must consider whether to defund every single penny of federal dollars going to cities and states that prioritize criminal aliens over the American people." Gavin Newsom Mocked For Tech Issues During Anti-trump Address To Californians: 'Absolute Fail' Read On The Fox News App "Americans want a return to common sense. The Trump Administration and this Republican Congress aims to restore our safety and sovereignty. It is past time for these governors to put Americans first." All three Democratic governors testifying at the hearing sided with Newsom in a statement Sunday addressing Trump's use of the National Guard to dispel riots that have been raging over the past few days in Los Angeles. Rioters set cars on fire, looted businesses, and clashed with law enforcement. "We stand with Governor Newsom who has made it clear that violence is unacceptable and that local authorities should be able to do their jobs without the chaos of this federal interference and intimidation," the statement signed by Walz, Pritzker and Hochul reads. Los Angeles Business Owners 'Sick And Tired' Of 'Stupid' Anti-ice Rioters Looting Their Stores Since LA's riots, protests over President Trump's immigration policies have since spread to Pritzker and Hochul's states on Tuesday with large gatherings in Lower Manhattan in New York and Federal Plaza in Chicago, blocking off streets and causing disruptions. Fox News Digital also received J.B. Pritzker's opening remarks, where the governor and potential 2028 presidential candidate said his state "could not simply ignore the suffering" illegal migrants faced in Illionis. "The crisis at the southern border in recent years has been devastating; the response from some of our political leaders even more so," Prtizker's statement reads. "As individuals fleeing poverty, violence, and persecution arrived at our border, our nation's leaders were confronted with a choice: would we do everything possible to make the promise of America the practice of America?" Jb Pritzker Rips Trump As 'Authoritarian,' Responds To President Calling Out His Weight "Some border state governors and mayors abandoned our nation's highest ideals – instead of choosing to spend millions of taxpayer dollars to treat people as pawns, busing them to states like ours in a dehumanizing attempt to leverage the crisis for political gain. The State of Illinois chose a different path." Republican members on the Oversight Committee spoke to Fox News Digital ahead of Thursday's action, saying the three governors testifying "are willing to trade public safety for left-wing virtue signaling." "Democrat-run sanctuary states shield criminal aliens from federal immigration enforcement, put law enforcement in unnecessary danger, and disregard the safety of millions of Americans," House Judiciary Committee Chairman Jim Jordan told Fox News Digital. "Seventy-seven million people gave President Trump a mandate last November to put an end to the Democrats' prioritization of illegal aliens over American citizens. And he's doing just that." National Guard Troops Detain Anti-ice Protesters In Los Angeles Under Trump's Orders "To folks like Walz, Hochul and Pritzker, sanctuary state policies are a badge of honor. They are willing to trade public safety for left-wing virtue signaling," said Rep. Pat Fallon, R-Texas, told Fox News Digital. "Perhaps Governor Gavin Newsom will take a break from defying federal authority to tune in and see why Americans are fleeing California in droves to escape his failed policies that invite illegal migrant crime and anarchist thugs," Fallon added. The stage is set for the hearing, which will take place on Thursday at 10 a.m. Eastern time. Fox News Digital reached out to Hochul and Walz but did not receive a article source: Walz, Hochul, Pritzker face off with Congress as Newsom battles Trump