California Tailpipe Emissions Waiver Illegal, Ninth Circuit Told

The Biden administration’s decision to let California restrict heavy-duty truck emissions is illegal and should be reversed, a pro-free market business organization alleged in a Ninth Circuit petition for review.

The American Free Enterprise Chamber of Commerce, or AmFree, filed its challenge against the Environmental Protection Agency on Monday in the US Court of Appeals for the Ninth Circuit. The agency published a rule granting a waiver for California’s Heavy-Duty Low NOx Omnibus Regulation the same day.

Under the federal Clean Air Act, states are generally banned from regulating motor vehicle emissions. But California can apply for a waiver to ...