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Supreme Court considers reviving fuel producers' suit

The Supreme Court on Wednesday heard oral arguments in a case that could revive a bid by fuel producers to axe California’s clean car standards.

© AP Photo/Ted S. Warren

The court was not considering the legality of the standards themselves, which require car companies to sell new vehicles in the state that produce less pollution — including by mandating a significant share of cars sold to be electric or hybrid.

Instead, the Supreme Court was considering whether the fuel industry had the authority to bring the lawsuit at all. A lower court determined that the producers, which include numerous biofuel companies and trade groups representing both them and the makers of gasoline, did not have standing to bring the case.

Some of the justices were quiet, so it’s difficult to predict what the ultimate outcome of the case will be.

However, others appeared critical of the federal government and California’s arguments that the fuel producers do not have the right to bring a suit.

Justice Brett Kavanaugh in particular noted that the Environmental Protection Agency (EPA) itself did not initially try to have the case tossed on that basis.

“Isn’t that a tell here? I mean, EPA, as you, of course, know, routinely raises standing objections when there’s ... even a hint of a question about it,” Kavanaugh said.

Read more at TheHill.com.

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