A federal appeals court on Friday dismissed challenges brought by the state of California against a Trump administration rule on tailpipe pollution standards, arguing the case has no merit because the rule has not yet been finalized.
In a unanimous ruling, all three Obama-appointed judges on the U.S. Court of Appeals for the District of Columbia Circuit dismissed the case for lack of jurisdiction “because EPA has not engaged in ‘final action’ under the Clean Air Act.”
The group took issue with then-EPA Administrator Scott PruittEdward (Scott) Scott PruittOvernight Energy & Environment — Biden makes return to pre-Trump national monument boundaries official Trump-era EPA board member sues over firing EPA bans use of pesticide linked to developmental problems in children MORE's decision to reconsider the regulations during a "midterm evaluation" of the rule. Pruitt deemed the standards set for model year cars from 2022-2025 were no longer appropriate. The state argued the EPA failed to adequately explain and provide detailed analyses backing up the decision to change the regulations.
The suit was one of a series of challenges the state and others have lobbed in the past year against the Trump administration over the car emissions rule.
Most recently, California in September sued the EPA for issuing part of a final rule that removes the state’s ability to establish its own pollution standards.
California has long argued it has the congressional right under the Clean Air Act to establish its own more stringent air pollution standards than federal regulations dictate. California, along with 23 other states, sued the Trump administration over the waiver removal.
The first part of the EPA's rule comes as it is finalizing changes to the federal tailpipe emissions standards. The administration has not yet released the finalized second part of the rule, which will determine the levels of emissions allowable from passenger vehicles, but it’s expected to be less rigorous than the previous rule established under Obama.