RECENT FEDERAL DECISIONS

November 2006

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District Court Denies California’s Motion to Dismiss Greenhouse Gas Emission Regulation Preemption Challenges, but Dismisses Dormant Commerce Clause and Sherman Act Claims
Central Valley Chrysler-Jeep, et al. v. Witherspoon, et al., ___F.Supp.2d___

Following California’s adoption of regulations imposing greenhouse gas emissions reduction standards on new motor vehicles, members of the automotive industry filed suit seeking to enjoin enforcement of the state standards. The State of California filed motions to dismiss plaintiffs’ preemption, dormant Commerce Clause and Sherman Act Claims.