(Image Credit: IMAGN) An electric car charges at an EV charging station in Oklahoma City, Tuesday, Nov. 19, 2024.
Washington D.C. – The U.S. Supreme Court heard oral arguments Wednesday in a case that could determine whether fuel producers have the right to challenge California’s ambitious clean car standards — a decision that may have broad implications for climate policy and industry regulation.
At issue is not the legality of California’s clean air rules themselves, which mandate automakers sell lower-emission vehicles — including electric and hybrid cars — in the state. Instead, the justices are focused on a narrower but pivotal question: whether biofuel producers and gasoline industry trade groups have legal standing to sue.
A lower court previously ruled that the fuel industry lacked standing, saying the rules target automakers, not fuel suppliers. However, during Wednesday’s session, some members of the high court appeared skeptical of that conclusion.
Justice Brett Kavanaugh, in particular, questioned why the Environmental Protection Agency (EPA) did not challenge the industry’s right to sue early in the process. “Isn’t that a tell here?” Kavanaugh asked. “EPA, as you, of course, know, routinely raises standing objections when there’s even — even a hint of a question about it.”
The fuel industry contends that California’s rule, though technically directed at automakers, indirectly disadvantages them by pushing the market toward electric vehicles, which do not rely on their products. They argue this regulatory “tilt” justifies their involvement in the legal battle.
The EPA and California, meanwhile, argue the industry is relying on outdated information. The rule, originally approved in 2013, has since been reaffirmed by the Biden administration following its revocation under President Trump. Officials say the fuel producers’ claims don’t reflect the current market or policy landscape.
If the justices decide the fuel producers do have standing, the case would return to lower courts for further litigation over the rule’s legality. The dispute could ultimately return to the Supreme Court.
In the meantime, California has moved forward with even stricter clean car policies. The state has approved a ban on the sale of new gas-powered vehicles starting in 2035 — a landmark rule greenlit by the Biden administration. However, that regulation faces potential challenges in Congress, where some lawmakers are pushing for its repeal.
With several justices remaining silent during arguments, the outcome remains uncertain. A ruling is expected by the end of the Court’s term in June.
