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Sep. 20, 2019

Could emissions waiver fight split high court conservatives?

The EPA's move to rescind a Congress-created pass for California to fight air pollution is the sort of agency action some conservative justices have criticized.

The Environmental Protection Agency's announcement Thursday that it was revoking a Clean Air Act-derived waiver allowing California to set its own vehicle emissions standards commences a legal battle with the state likely to reach the Supreme Court. According to some environmental law experts, the Trump administration's justification for the action rests on dubious legal footing, making approval from the court's five conservative justices less than certain.

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