Red states open second front against California Waivers

Source: BY MATTHEW CHOI, Politico • Posted: Monday, May 16, 2022

 A group of 17 red states on Friday challenged EPA’s reinstatement of California’s waiver allowing the state to enforce more stringent greenhouse gas standards through model year 2025 vehicles. This legal challenge is the same as one raised by the states last monthin lingering litigation over the Trump EPA’s revocation of California’s waiver — that the Clean Air Act’s 50-year-old waiver program for California is entirely unconstitutional, whether it’s used for greenhouse gases or conventional pollutants, because it favors one state.

“The Act simply leaves California with a slice of its sovereign authority that Congress withdraws from every other state,” West Virginia Attorney General Patrick Morrisey said. The lawsuit is led by Ohio and joined by Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah and West Virginia.