RECENT FEDERAL DECISIONS

March 2007

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District Court Declares California’s Automotive Greenhouse Gas Emission Regulations Preempted by the Clean Air Act
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. Following the court’s order granting defendants’ motion respecting plaintiffs’ Sherman Act and dormant commerce clause claims, defendants filed a motion for summary judgment on the grounds of ripeness.