Don't Oust Me, Bro

On April 4, the auto industry filed a rather creative motion with the D.C. Circuit under the All Writs Act requesting an order prohibiting California "from its attempt to oust this Court of proper jurisdiction" to review EPA's waiver denial.  It requests this relief "as soon as possible."  Specifically, the motion asks for an injunction barring California "from filing any additional petitioners for review of EPA's waiver denial in any Court other than this Court," a request that borders on the frivolous, and requiring California to move to dismiss its petition for review filed in the Ninth Circuit.  As noted in the previous post, yesterday the Ninth Circuit denied EPA's motion to dismiss, which was based on the same theory that the Ninth Circuit lacks jurisdction.  Don't bet the farm on the success of this second bite at the apple.