The case in which the brief was submitted, California v. EPA, was filed after the federal Environmental Protection Agency (EPA) blocked California’s auto emissions standards by refusing to grant the State a waiver of federal preemption under the Clean Air Act. (Earlier post.) The briefs filed by and on behalf of California provide a basis for the court to invalidate EPA’s decision and for President Obama to reconsider the waiver denial after taking office in January.

CAC represents the National Conference of State Legislatures, the National Association of Counties, the National League of Cities, the International Municipal Lawyers Association, and the American Planning Association.

CAC says that its brief demonstrates that the EPA Administrator’s reasons for blocking California&rsuqo;s emissions program are contrary to the text of the Clean Air Act, congressional intent, and the Supreme Court’s “presumption against preemption,” which requires that federal statutes be read to allow for state regulation unless Congress expresses its intent to preempt state law pursuant to the Constitution's Supremacy Clause.

Indeed, as California’s brief chronicles, EPA’s own legal and technical staff unanimously recommended that the waiver be granted.

President-elect Obama has pledged to work in partnership with the States to address climate change and promote clean energy. The briefs in California v. EPA show that this requires that he reconsider the denial of California’s waiver requests.

—Elizabeth Wydra, CAC’s Chief Counsel

In California v. EPA, CAC filed its amicus brief jointly with the City of New York, King County (Washington), the Canadian Province of British Columbia, and the National Association of Clean Air Agencies.