[Jonathan Adler, July 25, 2008 at 8:28pm] Trackbacks
Ninth Circuit Dismisses California Waiver Suit:

Today the U.S. Court of Appeals for the Ninth Circuit dismissed California's challenge to the Environmental Protection Agency's denial of California's request for a waiver of preemption of the state's greenhouse gas emission vehicle emission controls. In a brief order, the Court explained that the letter from EPA Administrator Stephen Johnson to California Governor Arnold Schwarzenegger informing him of the waiver denial was not, itself, a reviewable final action subject to judicial review. This does not end the litigation over California's waiver request, however. Rather the battle shifts to the U.S. Court of Appeals for the D.C. Circuit, where California may press its challenge to the EPA's Federal Register notice formally denying the waiver request. This is a defeat for California nonetheless, as the state surmised (with some reason) that the Ninth Circuit would provide a friendlier forum for the Golden State's claim.

Related Posts (on one page):

  1. Ninth Circuit Dismisses California Waiver Suit:
  2. Jurisdictional Jousting in California Waiver Suit:
J. Aldridge:
When was the Constitution amended to give Congress authority to enact or oust state authority over its own environmental regulations?
7.25.2008 9:39pm
Anon21:
When was the Constitution amended to give Congress authority to enact or oust state authority over its own environmental regulations?

June 6, 2005. Not that I have a problem with that, although situations like this one demonstrate that it cuts both ways. Come to think of it, the decision I'm referring to demonstrates that it cuts both ways. Still, on balance, better that we lean towards the "administrative subdivision of the federal government with a few quirks" version of federalism rather than the "fully sovereign entities which can defeat federal initiatives at will" version.
7.25.2008 9:51pm
Jim at FSU (mail):
What happened to the federalism where federal agencies exercise enumerated Article II powers and nothing else?
7.26.2008 12:21am
XON:
I'm curious as to how, exactly, one would get to finality in this case?! Does the Administrator have to actually stick out his tongue and say, "neenerneener"?
7.26.2008 1:03am
J. Aldridge:
Anon21: I'm not buying your slight of words there. I think the real problem here is the total breakdown of checks and balances. There is no check and balances over the court and hardly one over congress in modern times thanks to the lack of check and balances over the court!
7.26.2008 4:47am
r.friedman (mail):
Not exactly on point, but for 9th Circuit fans or foes, Judge Rymer, with the assistance of Judge Fernandez, drills Erwin Chemerinsky a new asshole in 06-56532 7/15/08 on the 9th Circuit's oral arguments page.
7.27.2008 2:34pm