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Owner-Operator Independent Drivers Ass'n v. Environmental Protection Agency

ELR Citation: 45 ELR 20225
Nos. 14-1192, (D.C. Cir., 11/24/2015)

The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor trailers in violation of the dormant Commerce Clause. The association brought its constitutional challenge under CAA §307(b)(1), which provides for review of the EPA Administrator's waiver decision. But the association does not argue that the Administrator’s actions were arbitrary or capricious, and its opening brief nowhere addresses the propriety of EPA's decision. The court, therefore, lacks jurisdiction. The association is free to challenge the regulations in the state courts.