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California v. Environmental Protection Agency

ELR Citation: 49 ELR 20175
Nos. 18-1114, (D.C. Cir., 10/25/2019)

The D.C. Circuit upheld EPA's decision to reconsider greenhouse gas emission standards for model year 2022-2025 vehicles. States and environmental groups argued that EPA violated procedural and substantive requirements imposed by the CAA and that the decision was arbitrary and capricious. The Agency asserted that the decision was not a "final action" under the CAA, and thus was not judicially reviewable. The court concluded that the decision neither determined rights or obligations or imposed any legal consequences, nor altered the baseline upon which any departure from the currently effective 2012 emission standards must be explained, and thus that EPA had not engaged in "final action." It therefore upheld the decision.