Readers who are new to Warming Law via our ongoing coverage of yesterday's 9th Circuit's ruling on mileage standards should also note ongoing developments in a case that is not directly related, but of definite relevance. The LA Times' Marc Lifsher, picking up on the theme of emerging jurisprudential trends, puts it in context:
A district court judge in Burlington, Vt., built upon [Mass. v. EPA]in April when he ruled that the Clean Air Act allows California to set car tailpipe emission regulations that exceed federal rules to combat climate change. Other states, such as Vermont, are free to copy California's stricter laws, the judge said.
A lawsuit brought by automakers against the state of California over its car emission rules is set for a hearing Monday in U.S. District Court in Fresno.
Warming Law previewed the arguments for summary judgment that Judge Anthony Ishii will hear last month, before the hearing was postponed from its original date. Other noteworthy developments include the last-minute motions filed by the industry, seeking consideration of additional deposition testimony, that resulted in the delay; briefs filed this summer by both sides, assessing the impact of Mass. v. EPA on the case; and the news that several of the car dealerships joining the domestic auto industry as lead plaintffs are trying to end their involvement in the case.