On June 5, 2023, The State of Iowa and 18 additional States joined together to petition the United States Court of Appeals for the District of Columbia for further review of final agency action by the United States Environmental Protection Agency (“EPA”). On April 6, 2023, the EPA granted two of California’s Air Resource Board regulations which would allow California to impose a rule that would ban the sale of most heavy-duty trucks. Specifically, in their brief which was filed on November 3, 2023, the State of Iowa argued that the decision to grant California a Clean Air Act waiver is unlawful for two reasons: (1) the act “unlawfully gives California sovereign authority that no other State has”, and (2) the act “allows California to impose standards for heavy-duty vehicles without providing the Act’s required lead time.”
Since then, the Court has consolidated four other cases that are challenging the same agency action into one appeal. Oral argument has not yet been scheduled. However, in the meantime, the Court has held the case in abeyance pending resolution of two other court proceedings which raise identical or overlapping issues (the Ohio and Texas cases). The parties have been directed to file any further motions within 30 days after the ruling in the Ohio and Texas cases.
FOR MORE INFORMATION
For more information on trucking and transportation matters, contact John F. Fatino at (515) 288-6041 or by email. Taylor J. Thomas, J.D. candidate, Drake University Law School, assisted in the preparation of these materials.