Fuel producers suing to block California’s ability to set tighter vehicle emissions standards seemed to convince at least some Supreme Court justices that they had grounds to move forward with their legal challenge.
During oral arguments Wednesday, the justices weighed whether fossil fuel and biofuel companies had shown that federal courts had the power to address their concerns that California’s ability to set stricter limits on emissions than the federal government was unfairly tilting the market against them.
“It is important for standing purposes that the court correct the [lower] court’s legal errors and we finally have a chance to have our day in court,” said Jeffrey Wall, a partner with Sullivan & Cromwell who has represented fuel groups in the case.
EPA granted the California waiver in dispute in 2013 and it has been the subject of several years of legal and regulatory back and forth. Wednesday’s hearing for Diamond Alternative Energy v. EPA did not address the legality of the waiver itself.
