The Supreme Court held 7-2 in Diamond Alternative Energy v. Environmental Protection Agency that fuel producers have standing to challenge the Environmental Protection Agency (EPA)’s approval of California’s vehicle emission regulations. Justice Kavanaugh authored the majority opinion. Justices Sotomayor and Jackson filed separate dissents.

Continue Reading Decision Alert: The Supreme Court Holds That Fuel Producers Have Standing to Sue EPA

The Supreme Court recently heard oral argument in Diamond Alternative Energy, LLC v. Environmental Protection Agency (No. 24-7), a case examining whether economic harm stemming from market forces influenced by environmental regulation can support Article III standing. At issue is California’s authority to enforce its own emission standards, through a waiver granted by the U.S. Environmental Protection Agency (EPA) under Section 209 of the Clean Air Act (CAA).

Continue Reading Supreme Court Considers Standing to Challenge Clean Air Act Waiver Based on Market Impact