MINNESOTA (Legal Newsline) – Get back to me later, a federal judge has told those challenging proposed changes to vehicle emissions standards in Minnesota.
Judge Wilhelmina Wright on Feb. 17 dismissed without prejudice a lawsuit filed by the Minnesota Auto Dealers Association, which is arguing against proposed standards that follow requirements in California that are stricter than federal law.
But the proposed changes in Minnesota haven’t received final approval, Wright noted in granting the motion to dismiss filed by state Attorney General Keith Ellison.
“The issues presented in this case are not based on final agency action and do not involve a direct and immediate impact on MADA’s members’ businesses. Federal courts ‘may review final agency rules,’ but federal courts ‘do not have authority to review proposed rules,’” Wright ruled.
“MADA challenges administrative rules that have not been adopted, have not taken effect, and have not been enforced. These rules will not be enforced, if at all, until several years from now. Moreover… MADA’s alleged injuries depend on contingent future events that may not occur as anticipated, if at all, and will not arise for months, if not years.”
Ellison’s motion on behalf of the state Pollution Control Agency noted that MADA still has the ability to participate in the rulemaking process by submitting its concerns as comments.
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.