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US Trump Asks Court to Toss California Auto Emissions Lawsuit

03:50  04 december  2019
03:50  04 december  2019 Source:   bloomberg.com

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Suit sparked by Trump move to undo state emissions standard. Vehicles drive in traffic down the 405 freeway at night in Inglewood. In court papers dated Oct. 15 but made public Tuesday, Justice Department lawyers told U.S. District Judge Ketanji Brown Jackson in Washington that California ’s

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(Bloomberg) -- President Donald Trump’s administration asked a federal judge to throw out California’s lawsuit seeking to preserve its power to regulate tailpipe greenhouse gas emissions, saying Washington has the last word in setting fuel economy standards.

a car driving on a city street filled with lots of traffic© David Paul Morris/Bloomberg

In court papers dated Oct. 15 but made public Tuesday, Justice Department lawyers told U.S. District Judge Ketanji Brown Jackson in Washington that California’s regulation contravened the National Highway Traffic Safety Administration’s power to set uniform fuel economy standard for the nation.

“A standard that regulates tailpipe carbon dioxide emissions is not just ‘related to’ fuel economy standards. It is a fuel economy standard,” the department lawyers said.

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WASHINGTON — The Trump administration is expected on Wednesday to formally revoke California ’s authority to set auto emissions rules that are stricter than federal standards, taking a Legal experts said that if Mr. Trump ’s move was ultimately held up by the Supreme Court , it could

Trump Asks Court to Toss California Auto Emissions Lawsuit . as more eager than him for a deal and adding a meeting with Canadian Prime Minister Justin Trudeau that appeared intended to put pressure on House Speaker Nancy Pelosi, a California Democrat, to hold a vote on Trump ’s signature.

California set its own, stricter emissions standards for decades before the Republican administration challenged the state’s authority to do so in September. Governor Gavin Newsom and state Attorney General Xavier Becerra, both Democrats, sued in response and were joined by 22 others states, as well as the District of Columbia and the cities of New York, Los Angeles and San Francisco.

In their September lawsuit, the states argued the administration exceeded the authority granted to it by Congress when it moved to preempt California’s emission standards.

The Justice Department also argued any state challenge to federal authority should have been filed at the U.S. Court of Appeals in Washington, and not at Jackson’s trial level court. If the judge does not throw out the case, she should transfer it to the higher court, the department said.

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WASHINGTON — President Trump on Wednesday posted on Twitter an aggressive defense of his unprecedented move to abolish California ’s legal authority to set its own standards on climate-warming automobile emissions .

“Two courts have already upheld California ’s emissions standards, rejecting the argument the Trump administration resurrects to justify its misguided preemption rule. Yet, the administration insists on attacking the authority of California and other states to tackle air pollution and protect public health

In a response dated Nov. 14 but also made public Tuesday, the states said their lawsuit belongs in trial court because Congress made no provision for direct appellate review of challenges to the fuel economy regulation.

The fight over emission standards is one of several clashes between Trump and the nation’s largest state. Among the other California-Trump clashes: a lawsuit over the administration’s rescission of a rule allowing the state to require electric vehicle sales and another over an Environmental Protection Agency decision to deregulate almost 1,400 acres of San Francisco Bay salt ponds.

The case is State of California v. Chao, 19-cv-2826, U.S. District Court, District of Columbia (Washington).

To contact the reporter on this story: Andrew Harris in Washington at aharris16@bloomberg.net

To contact the editors responsible for this story: David Glovin at dglovin@bloomberg.net, Anthony Lin, Joe Schneider

For more articles like this, please visit us at bloomberg.com

©2019 Bloomberg L.P.

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