Courthouse Steps Decision: Diamond Alternative Energy LLC v. Environmental Protection Agency

In 2019, the Environmental Protection Agency withdrew California’s previously-granted waiver to implement its Advanced Clean Car Program. This program had been in effect since 2013 and required that car companies reduce carbon dioxide emissions and produce fleets that are at least 15% electric vehicles. The waiver was withdrawn due to a lack of “compelling and extraordinary conditions” and because California could not show a direct connection between greenhouse gas emissions and air pollution.
In 2022, however, the EPA reinstated the waiver. This prompted legal challenges from fuel producers (among others) who argued that California did not meet the requirements to justify these state-specific standards. The D.C. Circuit dismissed the fuel producers' statutory claim based on a determination that they did not prove that their injuries would be redressed by a decision in their favor.
This Supreme Court case presented the question whether a party may establish the redressability component of Article III standing by relying on the coercive and predictable effects of regulation on third parties. On June 20, the Court ruled 7-2 in favor of standing. Join this FedSoc Forum to hear more about the case and this decision, authored by Justice Kavanaugh.
Featuring:

Eli Nachmany, Associate, Covington & Burling LLP
Moderator: Jeff Beelaert, Partner, Givens Pursley LLP

--
To register, click the link above.