Environmental & Energy,
Administrative/Regulatory
May 23, 2025
California's fight to save its EPA waiver faces daunting legal and constitutional barriers
State elected officials are preparing to sue after Congress revoked the state's EPA waiver under the Clean Air Act, but legal experts say the case may be over before it begins. The state must first overcome strict limits on judicial review -- before even reaching the merits of whether an EPA waiver can be rescinded under the Congressional Review Act.
California's planned legal challenge to Congress' rollback of its authority to impose stricter auto emissions standards is already encountering formidable obstacles -- long before the courts can weigh in on the substance of the case.
Legal experts say California must first overcome a key provision in the Congressional Review Act that bars judicial review, along with thorny constitutional questions about whether courts can second-guess how Congress governs itself. Even if ...
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