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Amicus Brief on EPA’s Revocation of the California Auto Emissions Waiver

We filed a brief in the D.C. Circuit supporting a challenge to the Environmental Protection Agency’s (EPA) decision to revoke the waiver of preemption that allowed California (and more than a dozen states following California's standards) to set critical auto emission standards to further restrict greenhouse gases and other harmful air pollutants. EPA wrongfully concluded that it has virtually unconstrained authority to revoke a preemption waiver under Section 209(b) of the Clean Air Act. We explain how the agency overlooks key countervailing principles and misconstrues the purpose and mechanics of the waiver provision.