President's weekly report — February 13, 2015
Victory for Fishing!
The California Court of Appeal issued this favorable decision in California Association for Recreational Fishing v. Department of Fish and Wildlife. The genesis of this dispute arose in litigation brought by the Center for Biological Diversity against the State of California over its management of hatcheries. This led the Department of Fish and Wildlife to cave, and enact regulations that would have imposed impossible burdens on the small businesses that specialize in stocking lakes and ponds with fish. The problem is that these regulations were not adopted with an opportunity for public notice and comment as the law requires. We sued and argued the case at the Court of Appeal. The court agreed with our position and struck down the rules. You can read more on our blog here and listen to our podcast here.
Clean Air — Challenge to California’s Rules
Today we will file our joint opening brief in the D.C. Circuit in the case of Dalton Trucking, et al v. EPA, our challenge to EPA’s grant of waiver to California from federal preemption under the Clean Air Act for nonroad (tractors, etc.) engine emissions standards. Simply put, California has not justified a need for imposing its own more stringent and draconian standards, and the Clean Air Act does not allow EPA to approve California’s standards without good cause.