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 of Diamond Alternative Energy LLC v. Environmental Protection Agency. This legal matter revolves around a waiver granted by the U.S. Environmental Protection Agency (EPA) in 2013, which permitted the California Air Resources Board (CARB) to enforce specific standards set in 2012. These standards required automakers to cut greenhouse-gas emissions and increase zero-emission vehicle production.
The challenge comes from petitioners within the oil and biofuel sectors who delayed their opposition until nearly ten years after the waiver's initial issuance. They filed their challenge following the reinstatement of the federal waiver in 2022, which had been previously rescinded unlawfully in 2019. The petitioners argue that this reinstatement oversteps EPA's federal authority. Attorney General Bonta, along with Governor Gavin Newsom and CARB, led efforts to intervene against this challenge on behalf of several states and local governments.
In April 2024, the U.S. Court of Appeals for the District of Columbia Circuit dismissed this challenge due to a lack of legal standing from the petitioners. The court noted that by then, automakers were already producing significant numbers of zero-emission vehicles driven by consumer demand and prior investments, and petitioners did not demonstrate that judicial relief would likely remedy their claimed harm by boosting 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 enhancing community health statewide. Bonta affirmed their intervention was crucial to defend California’s authority against challengers who delayed legal action without showing potential benefits from increased sales if successful.
Dr. Steven S. Cliff, Executive Officer at CARB, remarked on California's long-standing role under 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 highlighted California's track record demonstrating how environmental protection aligns with economic growth.
Under Section 202(a) of the Clean Air Act, EPA is tasked with setting emission standards for new motor vehicles or engines contributing to air pollution that endangers public health or welfare. Notably, California can independently adopt emission requirements distinct from EPA regulations unless certain conditions are met.
Attorney General Bonta elaborated on how California’s 2012 standards initially aimed at encouraging automakers toward zero-emission vehicles while reducing average greenhouse gas emissions fleetwide—fostering investment and innovation over subsequent years. By 2022 when challenged again—the market saw an upswing as automakers sold large volumes satisfying these criteria primarily motivated by profitability amidst growing consumer interest.
The Court of Appeals ultimately dismissed petitioner claims based on insufficient evidence indicating vacating said waiver could boost fuel sales mitigating alleged injuries when they filed suit back then during ongoing industry shifts favoring cleaner alternatives.
A copy of Attorney General Bonta’s brief is available for public access.