MINNEAPOLIS (Legal Newsline) – The State of Minnesota says a lawsuit challenging proposed vehicle emission standards that would align with those already passed in California was filed way too early.
The Minnesota Pollution Control Agency submitted its response Jan. 25 to a recent lawsuit by the Minnesota Auto Dealers Association that challenges the legality of proposed changes.
MADA should be submitting its concerns as part of comments in the formal rulemaking process, the State says.
“(MADA) brought this action seeking unprecedented relief—a federal court declaration invalidating a proposed Minnesota Pollution Control Agency (MPCA) rule that is still under review, is not final, and remains subject to revision,” staff from state Attorney General Keith Ellison’s office say.
“Even more extraordinarily, Plaintiff seeks a preliminary injunction not merely to prevent the rule from ultimately going into effect, but also to enjoin MPCA from even conducting any procedural administrative rulemaking hearings to advance the rule.
“The Court should dismiss Plaintiff’s complaint as premature and non-justiciable.”
The motion also argues there is no conflict between the rule if it passes and federal emission standards because “the proposed rule explicitly conditions its effectiveness of the reinstatement of a federal waiver.”
“And even if MPCA adopts the rule unchanged, and the federal waiver is reinstated, the proposed rule (still presently under review and subject to change) provides an additional grace period of two years before its requirements become effective,” the motion says.
“As a result, there is no imminent risk of any harm to Plaintiff, let alone an irreparable harm to Plaintiff if MPCA holds an administrative hearing as part of its rulemaking process.”
MADA’s lawsuit claims its members will be forced to incur substantial economic costs if Minnesota proceeds with “its illegal adoption of California’s motor vehicle emission standards.”
The MPCA issued its notice of intent to adopt the rule on Dec. 21 and is planning online information sessions in the coming weeks.