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Sep. 27, 2019

Something in the Clean Air Act

Can California's Clean Air Act-exempted vehicle emissions regime survive an EPA rule change?


audio

A pitched legal battle has begun over California's Clean Air Act emissions waiver, which allows the state to set its own more stringent vehicle pollution controls irrespective of federal standards. The EPA claims its power to grant that waiver entails an inherent power to revoke it, and moreover says a 1975 law - the Energy Policy and Conservation Act - preempts the Clean Air Act's provision that creates California's carve out.

Three guests join this week's podcast to discuss the issues involved in the matter, and the suit California and several other states now pursue against the Trump administration. Julia Stein (UCLA School of Law) discusses some background on the Clean Air Act section that heretofore has helped California battle its smog, and offers thoughts on the arguments likely to be advanced by the government in defense of its new rule. Greg Dotson (Univ. Oregon School of Law), who has written extensively on the preemption angle of the issue, joins the show discuss that, and Jay Himes (Labaton Sucharow) discusses the antitrust angle of the matter, as several automakers have agreed with California to maintain vehicle fleets that meet the state's standards.

Don't forget to claim CLE credit for listening to the show.

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