No. 18-666

Alliance for California Business v. California Air Resources Board

Lower Court: California
Docketed: 2018-11-21
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: clean-air-act epa epa-approval epa-regulation judicial-review sovereign-jurisdiction state-courts state-implementation-plan state-jurisdiction state-law state-law-challenges statutory-interpretation
Key Terms:
Environmental AdministrativeLaw SocialSecurity JusticiabilityDoctri
Latest Conference: 2019-01-04
Related Cases: 18-629 (Vide)
Question Presented (AI Summary)

Whether state courts are deprived of jurisdiction to determine if a state regulation included in an EPA-approved State Implementation Plan is inconsistent with state law

Question Presented (from Petition)

QUESTION PRESENTED Whether, under a provision of the Clean Air Act, 42 U.S.C. § 7607(b)(1), the inclusion of a state regulation in an EPA-approved State Implementation Plan (“SIP”) deprives state courts of their presumptive sovereign jurisdiction to determine whether the regulation is inconsistent with state law, where (a) 42 U.S.C. §7607(b)(1) does not unambiguously withdraw jurisdiction from state courts and (b) depriving state courts of their jurisdiction to determine whether a state regulation is inconsistent with state law would make the regulation effectively immune to facial state law challenges? 1

Docket Entries

2019-01-07
Petition DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-26
Waiver of right of respondent California Air Resources Board to respond filed.
2018-11-13
Petition for a writ of certiorari filed. (Response due December 21, 2018)

Attorneys

Alliance for California Business
Karl OlsonCannata, O'Toole, Fickes & Olson LLP, Petitioner
Karl OlsonCannata, O'Toole, Fickes & Olson LLP, Petitioner
California Air Resources Board
Russell B. HildrethCalifornia Department of Justice, Office of the Attorney General, Respondent
Russell B. HildrethCalifornia Department of Justice, Office of the Attorney General, Respondent