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Larry Fafarman

Tim Dowling said,

--"The same article reports that other observers are predicting that EPA will move to have the case dismissed on the ground that, notwithstanding the failure to include the requisite finding, the waiver denial is in fact nationwide in scope and therefore must be challenged in the D.C. Circuit."--


Challenges to the EPA's California waiver determinations have traditionally been filed in the DC circuit court of appeals. Did those waiver determinations that were challenged in the DC circuit have that "boilerplate" language about the determinations being national in scope? If not, then according to California's present reasoning, those challenges were filed in the wrong court.

Anyway, 11 other states have adopted the California auto emissions standards package and 5 other states plan to do so. Most of those states are outside the 9th circuit -- the ones in the Northeast are far outside the 9th circuit -- and so the effect of all California waiver determinations is national in scope. In fact, most of those other states under the California standards are joining California's lawsuit.

Filing this lawsuit in the 9th circuit court of appeals is a very bad (or should I say very good) example of judge-shopping.

IMO the California waivers should be abolished altogether, for the following reasons:

(1) California plus the states that have adopted and plan to adopt the California auto emissions standards package have over half of the US population, so we might as well just have one national set of emissions standards.

(2) One of the main purposes of the California waivers was to use California as a "testing area" for new emissions control equipment and technologies. Emissions control technologies have matured and this is no longer a valid reason for having the California waivers.

(3) The California waivers impose a big burden on automakers. For example, a stupid EPA ruling -- upheld 2-1 by the appeals court -- that prohibits the sale of California-certified vehicles in states not under the California standards is probably still in effect. This ruling is a great burden on the marketing of the vehicles.

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