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
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
Latest Conference: 2019-01-04
Related Cases: 18-629 (Vide)
Question Presented (from Petition)

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?

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

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
California Air Resources Board
Russell B. HildrethCalifornia Department of Justice, Office of the Attorney General, Respondent