The Supreme Court has shown interest in reviving a lawsuit by fuel producers against California’s strict vehicle emission rules, with both conservative and liberal justices suggesting that the companies have standing to sue. The justices criticized a federal appeals court’s decision to bar the lawsuit based on the assumption that market forces, not California’s regulations, are driving the shift to electric vehicles. They questioned whether California’s regulations were specifically designed to reduce the use of the fuel produced by the companies. The court agreed to decide if fuel producers should be allowed to sue as a result of selling less fuel due to the rise of electric vehicles. It remains unclear if the court will set a standard on standing that could impact future cases.
The court also questioned the practical impact of their decision, given the probability of President Trump withdrawing the waiver as he did in his first administration, only to be reinstated by President Biden. The attorney representing the EPA faced scrutiny over the agency changing its position multiple times on the issue. The justices expressed doubt over the likelihood of a fifth change in policy and pressed for details on the timing of any further decisions. Despite the seriousness of the arguments, there was a moment of levity at the end when Chief Justice Roberts recognized the retiring attorney Edwin Kneedler, who received a round of applause from the justices for his long and distinguished career.
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