Ted Hadzi-Antich to present oral argument in CARB waiver case in D.C. Circuit
On Monday, November 9, 2015, at 9:30 a.m. in Courtroom 31 of the United States Court of Appeals for the D.C. Circuit, 333 Constitution Ave, N.W., Washington, D.C. 20001, I’ll be presenting oral argument in support of our challenge to EPA’s waiver grant from federal preemption under the Clean Air Act for CARB’s nonroad diesel engine emissions standards. The briefing was completed months ago, and the oral argument is the last step in the litigation before the D.C. Circuit renders its opinion.
The waiver grant allows California to enforce stringent statewide emissions standards for nitrogen oxides and fine particulate matter covering such nonroad equipment as tractors and excavators. On behalf of a variety of California businesses, I’ll be arguing that EPA improperly granted the waiver because CARB did not show that California had a compelling and extraordinary need for the emissions standards, as required by the federal Clean Air Act.
More detail about the case, Dalton Trucking, Inc., et al. v. EPA, may be found here.
What to read next
PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›