Golden State Today

California Attorney General Rob Bonta has submitted a brief to the United States Supreme Court, advocating for the affirmation of a court of appeals decision in the case Diamond Alternative Energy LLC v. Environmental Protection Agency. The legal matter involves a waiver granted by the U.S. Environmental Protection Agency (EPA) in 2013, which permitted the California Air Resources Board (CARB) to enforce standards aimed at reducing greenhouse-gas emissions and increasing zero-emission vehicle production.

The petitioners, representing interests in the oil and biofuel sectors, delayed their challenge until nearly ten years after the waiver's issuance. Their challenge followed its reinstatement in 2022 after an unlawful rescission three years prior. They claimed that this reinstated waiver exceeded EPA’s federal authority. Attorney General Bonta, along with Governor Gavin Newsom and CARB, led efforts from various states and local governments to defend against this challenge. In April 2024, the U.S. Court of Appeals for the District of Columbia Circuit dismissed it on grounds that petitioners lacked legal standing due to insufficient evidence that judicial relief would increase fuel sales.

Attorney General Bonta stated: “Congress recognized that California has special expertise and experience in protecting our people, our health, and our environment from preventable pollution through vehicle emissions standards.” He emphasized California's role in advancing cleaner automotive technologies while balancing economic growth with environmental policies.

Dr. Steven S. Cliff, Executive Officer of CARB, remarked on the longstanding impact of the Clean Air Act: “For more than 50 years, the Clean Air Act has helped usher in clean air and healthier communities across the nation and the globe.” He reaffirmed California’s commitment to defending its regulatory authority.

Under Section 202(a) of the Clean Air Act, California can establish independent emission requirements if EPA grants a preemption waiver unless specific conditions apply.

In his brief, Attorney General Bonta highlighted that California's 2012 standards set ambitious targets for automakers regarding zero-emission vehicles and greenhouse gas reductions. These goals prompted significant investments from automakers who capitalized on growing consumer demand for such vehicles by 2022 when large numbers were being sold independently of regulatory pressures.

The Court of Appeals' dismissal was based on petitioners’ inability to demonstrate how vacating the waiver would have remedied their claimed injuries or increased fuel sales at that time.

A copy of Attorney General Bonta's brief is available online.