Supreme Court justices consider reviving industry bid to ax California clean car rule

The Supreme Court on Wednesday heard oral arguments in a case that could revive a bid by fuel producers to ax California’s clean car standards.

The court was not considering the legality of the standards themselves, which ​​require car companies to sell new vehicles in the state that produce less pollution — including by mandating a significant share of cars sold to be electric or hybrid. 

Instead, the Supreme Court was considering whether the fuel industry had the authority to bring the lawsuit at all. A lower court determined that the producers, which include numerous biofuel companies and trade groups representing both them and the makers of gasoline, did not have standing to bring the case.

Some of the justices were quiet, so it’s difficult to predict what the ultimate outcome of the case will be.

However, others appeared critical of the federal government and California’s arguments that the fuel producers do not have the right to bring a suit.

Justice Brett Kavanaugh in particular noted that the Environmental Protection Agency (EPA) itself did not initially try to have the case tossed on that basis. 

“Isn't that a tell here? I mean, EPA, as you, of course, know, routinely raises standing objections when there's even — even a hint of a question about it,” Kavanaugh said. 

The fuel producers argued that while it was technically the auto industry that was being regulated, the market was being “tilted” against them as well by California’s rule, which was also adopted by other states.

The EPA and California have argued that the fuel producers are arguing on the basis of outdated facts and a market that has shifted since the rule was first approved by the EPA in 2013. 

The EPA needs to grant approval to California to issue such rules. The approval was revoked by the Trump administration and later reinstated in the Biden administration. 

If the justices revive the currently dismissed case, lower courts would then have to decide whether to uphold the California rule — though the underlying case could eventually make its way to the high court as well. 

Meanwhile, California has since passed subsequent standards that go even further — banning the sale of gas-powered cars in the state by 2035.

That rule was approved by the Biden administration — though Congress may try to repeal it.