States, Industry Sue EPA Over California’s Heavy Truck Waiver

Source: By Jennifer Hijazi, Bloomberg Law • Posted: Thursday, June 8, 2023

The Environmental Protection Agency is facing lawsuits from industry groups and Republican-led states over its waiver granted to California to set heavy-duty truck emission standards.

A coalition of states led by Iowa, the Illinois Soybean Association, the American Fuel & Petrochemical Manufacturers, and other groups filed petitions for review at the U.S. Court of Appeals for the District of Columbia Circuit on Monday.

The EPA in April granted the waiver to the California Air Resources Board under the Clean Air Act, allowing the state to set its own stricter emission standards for vehicles. It also has a waiver for light-duty cars that more than 20 other states opt-in to.

Industry groups and some states criticize the waivers, claiming that allowing one state to set its own standards that other states can also adopt results in regulatory uncertainty.

The cases are Western States Trucking Association, INC. v. EPA, D.C. Cir. App., No. 23-01143, Petition for review 6/5/23, Owner-Operator Independent Drivers Association, Inc. v. EPA, D.C. Cir. App., No. 23-01148, Petition for review 6/5/23, The 200 for Homeownership v. EPA, D.C. Cir. App., No. 23-01147, Petition for review 6/5/23, American Fuel & Petrochemical Manufacturers, D.C. Cir. App., No. 23-01146, Petition for review 6/5/23, Illinois Soybean Association v. EPA, D.C. Cir. App., No. 23-01145, Petition for Review 6/5/23, Iowa v. EPA, D.C. Cir. App., No. 23-01144, Petition for review 6/5/23