The conservative-dominated supreme court voted by seven to two to back a challenge by oil and gas companies, along with 17 Republican-led states, to a waiver that California has received periodically from the federal government since 1967 that allows it to set tougher standards than national rules limiting pollution from cars.
Although states are typically not allowed to set their own standards aside from the federal Clean Air Act, California has been given unique authority to do so via a waiver that has seen it become a pioneer in pushing for cleaner cars. Other states are allowed to copy California’s stricter standard, too.
The supreme court’s ruling on Friday does not in itself end California’s standards to cut pollution from vehicles, said Vickie Patton, general counsel of the Environmental Defense Fund.
“The standards have saved hundreds of lives, have provided enormous health benefits, and have saved families money,” Patton said.
“While the supreme court has now clarified who has grounds to bring a challenge to court, the decision does not affect California’s bedrock legal authority to adopt pollution safeguards, nor does it alter the life-saving, affordable, clean cars program itself.”
Kagan did not dissent so that tells me there’s something there beyond the expected bullshit.