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Chamber of Commerce v. Environmental Protection Agency

ELR Citation: 41 ELR 20166
Nos. No. 09-1237, (D.C. Cir., 04/29/2011)

The D.C. Circuit denied a petition for review challenging EPA's decision granting California a waiver from federal preemption under the CAA that allows the state to implement its own regulations requiring automobile manufacturers to reduce fleet-average greenhouse gas emissions from new motor vehicles sold in the state. The petitioners lack standing. The petitioners—automobile dealer associationsdo not assert that their dealer members had suffered an actual injury at the time they filed their petition for review. Instead, their concern is about future injury. Moreover, California's emissions standards do not regulate automobile dealers, but rather automobile manufacturersthird parties that have declined to participate in this challenge. And EPA's promulgation of national greenhouse gas emissions standards, and California’s acquiescence in those standards, have rendered the dealers' already tentative claim of injury even more speculative. As such, the petitioners' suit on the dealers' behalf cannot satisfy Article III's case-or-controversy requirement. The court, therefore, dismissed the case without reaching the merits.