The House reconciliation bill and the Senate’s vote to overturn California’s phase-out of gas-powered cars whipsawed the industry that relies on federal
i looked into this a bit more. The EPA gave out California a special privilege (the only in the country) to set vehicle emission standards. It has to ask the EPA for permission though, with only tiny scrutiny from the EPA.
California did this. It passed the EPA’s tiny scrutiny test. California law moves forward for EV only in 2035.
The Senate is trying to use review of “federal actions” to claim the state law (california) is invalid. They’re arguing the EPA tiny scrutiny and special privilege granted to California is the “federal action.”
It’s clever, but also a losing argument because the exception the EPA gave out is considered a “waiver” and not a “federal action” based on administrative law / legislative definitions.
having said that, SCOTUS is 6-3 so all of this really doesn’t matter.
i looked into this a bit more. The EPA gave out California a special privilege (the only in the country) to set vehicle emission standards. It has to ask the EPA for permission though, with only tiny scrutiny from the EPA.
California did this. It passed the EPA’s tiny scrutiny test. California law moves forward for EV only in 2035.
The Senate is trying to use review of “federal actions” to claim the state law (california) is invalid. They’re arguing the EPA tiny scrutiny and special privilege granted to California is the “federal action.”
It’s clever, but also a losing argument because the exception the EPA gave out is considered a “waiver” and not a “federal action” based on administrative law / legislative definitions.
having said that, SCOTUS is 6-3 so all of this really doesn’t matter.