Legal resources for clean vehicle standards
Clean vehicle standards are reducing climate pollution, protecting our lives and health, creating American jobs, and saving us money at the gas pump. But protective standards at both the federal and state level are being challenged.
EDF is defending clean vehicle standards for cars, passenger trucks and heavy-duty vehicles in court. We will keep fighting for standards that reduce health-harming and climate destabilizing pollution.
The following actions are currently being challenged in court:
- EPA’s climate pollution standards for model years 2023 to 2026 light duty vehicles (see the EPA Standards tab below)
- EPA’s 2022 restoration of a Clean Air Act waiver for California’s Advanced Clean Cars program (see the CA Waiver tab below)
- The National Highway Traffic Safety Administration’s fuel economy standards for model year 2024 to 2026 light duty vehicles (see the NHTSA Standards tab below)
- EPA’s 2023 decision to grant California a waiver for its Advanced Clean Trucks and Zero-Emission Airport Shuttle protections (see the CA Trucks tab below)
- EPA’s multi-pollutant emissions standards for model year 2027 and later light-duty and medium-duty vehicles (see the Light Duty 2027 tab below)
- EPA’s greenhouse gas emissions standards for heavy-duty vehicles, phase 3 (see the Heavy Duty tab below)
EDF is participating in each of these cases in defense of the challenged actions.
EPA standards
Texas v. EPA (D.C. Cir. No. 22-1031) and consolidated cases
Supplemental Reply Briefs – August 2024
- Environmental Protection Agency
- EDF and others
- California and other states and cities
- Alliance for Automotive Innovation
- Texas and states
- Private petitioners
Supplemental Briefs – August 2024
- Environmental Protection Agency
- EDF and others
- California and other states and cities
- Alliance for Automotive Innovation
- NCAT
- Advanced Energy Economy and others
- Texas and states
- Private petitioners
Court’s Supplemental Briefing Order – July 2024
Post-Argument Filings – September 2023
- Private petitioner motion for leave to file supplemental brief
- NGO and state opposition to supplemental brief
- EPA opposition to supplemental brief
Post-Argument Filings – September 2023
Supplemental Filings – July 2023
- Petitioner states’ 28(j) letter
- Environmental Protection Agency response to 28(j) letter
- EDF and others response to 28(j) letter
Final Briefs – March 2023
- Environmental Protection Agency
- EDF and others, California and other states and cities
- Alliance for Automotive Innovation
- NCAT, Advanced Energy Economy, and others
- Institute for Policy Integrity final amicus brief
- Texas and states
- Texas and states final reply brief
- Private petitioners
Reply Briefs – April 2023
Respondent-Intervenors’ Briefs – March 2023
- EDF and others, California and other states and cities
- Alliance for Automotive Innovation
- NCAT, Advanced Energy Economy, and others
Amicus Briefs for Respondents – March 2023
- Former EPA Managers
- Members of Congress
- Institute for Policy Integrity
- International Council on Clean Transportation
- American Thoracic Society et al.
- Constitutional Accountability Center
- Consumer Reports
- National League of Cities and the U.S. Conference of Mayors
Respondent’s Brief – February 2023
Amicus Briefs for Petitioners – November 2022
- State of West Virginia et al.
- Two Hundred for Housing Equity
- Pacific Legal Foundation
- California Business Roundtable et al.
- Sulphur Institute
- Western States Petroleum Association et al.
- Texas Oil & Gas Association et al.
- Truck Renting and Leasing Association
- ConservAmerica
- Buckeye Institute
Petitioners’ Briefs – November 2022
Filings on Case Management – August 2022
Statements of Issues – April 2022
- Texas and other states
- Competitive Enterprise Institute
- State Soybean Associations and others
- American Fuel and Petrochemical Manufacturers
- Clean Fuels Development Coalition and others
- Energy Marketers of America
Motions to Intervene – March 2022
- EDF and others
- California and 21 other states and cities
- Alliance for Automotive Innovation
- Advanced Energy Economy and others
- National Coalition for Advanced Transportation
Petitions for Review – February 2022
CA waiver
U.S. Supreme Court
Ohio v. EPA (24-13) and Diamond Energy v. EPA (24-7)
Reply Briefs in Support of Cert – September 2024
Briefs in Opposition to Cert Petitions – September 2024
- EPA Brief in Opposition to Ohio et al.
- EPA Brief in Opposition to Diamond Alternative Energy
- States and Municipalities Brief in Opposition to Cert
- EDF et al. Letter in Opposition to Cert
Amicus Briefs Related to Petitions for a Writ of Certiorari – August 2024
- California Business Roundtable et al.
- Chamber of Commerce
- Advancing American Freedom
- Western States Petroleum Association et al.
- Iowa et al.
- Specialty Equipment Market Association
- Texas Royalty Council
- Sulphur Institute
- Competitive Enterprise Institute
- Texas Oil & Gas Association et al.
- Organizations Committed to Constitutional Government
- American Petroleum Institute
- ConservAmerica
- Two Hundred for Homeownership
Petitions for a Writ of Certiorari – July 2024
U.S. Court of Appeals for the D.C. Circuit
Ohio v. EPA (D.C. Cir. No. 22-1081) and consolidated cases
Decision – April 2024
Post-Argument Filings – October 2023
- Private petitioner motion for leave to file supplemental brief
- Private petitioner proposed supplemental brief
- California and other states opposition to supplemental brief
- EPA opposition to supplemental brief
Oral Argument – September 2023
Supplemental Filings – May 2023
- Petitioner states’ 28(j) letter
- California and other states’ response to 28(j) letter
- Environmental Protection Agency response to 28(j) letter
Final Briefs – April 2023
- Environmental Protection Agency
- EDF and others
- California and other states
- Automakers and others
- Ohio and other states
- Ohio and other states final reply brief
- Private petitioners
- Private petitioners’ final reply brief
Reply Briefs – March 2023
Respondent-Intervenors’ Briefs – February 2023
Amicus Briefs for Respondents – January 2023
- Administrative Law Professors
- California Climate Scientists
- American Thoracic Society et al.
- Professor Leah Litman
- South Coast Air Quality Management District
- Senator Carper and Representative Pallone
Respondent’s Brief – January 2023
Amicus Briefs for Petitioners – November 2022
- Texas Oil & Gas Association et al.
- Two Hundred for Housing Equity et al.
- Western States Petroleum Association et al.
- Western States Trucking Association
- Owner-Operator Independent Drivers Association
- Sulphur Institute
- California Business Roundtable et al.
- American Commitment et al.
- ConservAmerica
Petitioners’ Briefs
Filings on Case Management – August 2022
Statements of Issues – June 2022
- Ohio and other states
- State Soybean Associations and others
- American Fuel and Petrochemical Manufacturers
- Clean Fuels Development Coalition and others
Motions to Intervene – May/June 2022
- EDF and others
- California and 19 other states and three cities
- Automobile manufacturers
- Advanced Energy Economy and others
- National Coalition for Advanced Transportation
Petitions for Review – May 2022
NHTSA standards
NRDC v. NHTSA (D.C. Cir. No. 22-1080) and consolidated cases
Supplemental Reply Briefs – August 2024
- National Highway Traffic Safety Administration
- American Fuel and Petrochemicals Manufacturers and States
- Clean Fuels Development Coalition et al.
- California and other states
Supplemental Briefs – August 2024
- National Highway Traffic Safety Administration
- American Fuel and Petrochemicals Manufacturers and States
- Clean Fuels Development Coalition et al.
- Natural Resources Defense Council
- EDF and others
- California and other states
- NCAT and ZETA
Court’s Supplemental Briefing Order – July 2024
Post-Argument Filings – September 2023
Amicus Briefs for Respondents – April 2023
Respondent-Intervenors’ Briefs – April 2023
Respondent’s Brief – March 2023
Amicus Briefs for Petitioners – December 2022
- California Business Round Table et al.
- ConservAmerica
- Texas Oil & Gas Association et al.
- The Alliance for Automotive Innovation
- The Sulphur Institute
- The Two Hundred for Homeownership et al.
- West Virginia et al.
- Western States Petroleum Association et al.
Petitioners' Briefs – November and December 2022
- Clean Fuels Development Coalition et al.
- American Fuel and Petrochemicals Manufacturers and States
- Natural Resources Defense Council
Filings on Case Management – August 2022
Statements of Issues – June/August 2022
Motions to Intervene – July/August 2022
- EDF and others
- California and other states and cities
- National Coalition for Advanced Transportation and others
- Clean Fuels Development Coalition and others
Petitions for Review – May/June 2022
CA trucks
Western States Trucking Association v. EPA (D.C. Cir. No. 23-1143)
Court Order – December 2023
Replies to Motion to Hold Case in Abeyance – December 2023
- State Response to Motion for Abeyance
- Private Petitioner Response to Motion for Abeyance
- EPA Reply on Motion for Abeyance
Motion to Hold Case in Abeyance – November 2023
Amicus Briefs for Petitioners – November 2023
Petitioner’s Briefs – November 2023
Statements of Issues – July 2023
- Western States Trucking Association et al.
- Iowa and other states
- American Fuel & Petrochemical Manufacturers et al.
- Owner-Operator Independent Drivers Association
- The 200 for homeownership et al.
- Soybean associations
Motions to Intervene – June 2023
- EDF and others
- California and other states and cities
- East Yard Communities for Environmental Justice et al.
Petitions for Review – June 2023
Light Duty 2027
Kentucky v. EPA (D.C. Cir. No. 24-1087) and consolidated cases
Reply Brief - November 2024
Amicus Briefs for Petitioners – September 2024
Petitioners’ Briefs – September 2024
Filings on Case Management – July 2024
Statements of Issues – June and July 2024
- Kentucky and other states
- Texas
- AZ State Senate and House, AZ Trucking Assoc.
- Western States Trucking Assoc. et al.
- American Fuel & Petrochemical Manufacturers et al.
- American Free Enterprise Chamber of Commerce et al.
- American Petroleum Institute et al.
- Renewable Fuels Assoc. et al.
Motions to Intervene – April through June 2024
- Ford Motor Company
- Alliance for Automotive Innovation
- EDF and others
- California and other states
- Zero Emission Transportation Association
Petitions for Review – April 2024
Heavy Duty
Nebraska v. EPA (D.C. Cir. No. 24-1129) and consolidated cases
Opening Briefs – October 2024
Filings on Case Management – September 2024
Statements of Issues – June and July 2024
- Nebraska and other states
- AZ State Senate and House, AZ Trucking Assoc.
- Western States Trucking Assoc. et al.
- American Fuel & Petrochemical Manufacturers et al.
- American Free Enterprise Chamber of Commerce et al.
- American Petroleum Institute et al.
- Clean Fuels Alliance America
- The Transport Project
Motions to Intervene – May through July 2024
- EDF and others
- California and other states
- Community Groups
- CALSTART
- Ford
- Zero Emission Transportation Association
Petitions for Review – May and June 2024
- Nebraska and other states
- AZ State Senate and House, AZ Trucking Assoc.
- Western States Trucking Assoc. et al.
- American Fuel and Petrochemical Manufacturers et al.
- American Free Enterprise Chamber of Commerce et al.
- American Petroleum Institute et al.
- Clean Fuels Alliance America
- The Transport Project
Our experts
-
Peter Zalzal
Distinguished Counsel & Associate Vice President, Clean Air Strategies
-
Alice Henderson
Director & Lead Counsel, Transportation & Clean Air
MEDIA CONTACT
Sharyn Stein
(202) 572-3396 (office)
(202) 905-5718 (mobile)