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California v. EPA

ELR Citation: 38 ELR 20219
Nos. No. 08-70011, (9th Cir., 07/25/2008)

The Ninth Circuit denied California's petition to overturn a U.S. Environmental Protection Agency (EPA) decision rejecting the state's Clean Air Act (CAA) waiver request that would have allowed it to regulate greenhouse gas emissions from motor vehicles. In a December 19, 2007, letter to California Gov. Arnold Schwarzenegger (R-Cal.) , EPA Administrator Stephen Johnson stated that he "found that California does not have a 'need to meet compelling and extraordinary conditions'" and that he had therefore decided to deny California's CAA waiver request. This correspondence is not a reviewable "final action" of the Administrator under the CAA. The court, therefore, lacks jurisdiction.