Climate Policy Watch

EPA is arguing that California and other states lack standing to sue over its delay in implementing an Obama-era landfill methane rule and thus their suit must be dismissed, disputing that the states in the case are entitled to the “special solicitude” the Supreme Court granted states on climate change in its landmark Massachusetts v. EPA decision.

Automakers are offering a largely tepid reaction to the White House's announcement that it has ended talks with California once touted as a way to avoid litigation over vehicle greenhouse gas standards, with some companies expressing “disappointment,” though there is little sign the industry can or will unite to prevent a years-long legal fight.

The Trump administration appears poised to formally announce that it has failed to reach a deal with California and automakers over changes to vehicle greenhouse gas and fuel economy standards, as it prepares to finalize regulations that would aggressively roll back Obama-era limits and block California's authority to regulate vehicle GHGs.

Appellate judges at Feb. 20 oral argument questioned EPA, the oil sector and biofuels groups over alleged flaws in the 2018 renewable fuel standard (RFS) rule setting fuel production goals, but the two judges gave few indications on whether they will defer to the agency’s rulemaking power or potentially undo parts of the 2018 RFS.