Washington—— The Supreme Court on Monday rejected a red-state constitutional challenge to California’s special powers to combat air pollution.
Over Justice Clarence Thomas’s dissent, the justices rejected an appeal from Ohio and 16 other conservative states that asked the court to rule that “the Golden State is not the Golden Boy.”
While Monday’s brief order closed the door to constitutional challenges to California’s anti-pollution standards, the court on Friday cleared the way for another, more targeted legal challenge.
The oil and gas industry is suing the state’s “zero emissions” goal for new vehicles, arguing that California’s special powers to combat air pollution do not extend to greenhouse gases and global warming.
A lower court dismissed the lawsuit on the grounds that the oil producers did not have standing to sue. They complained that they would sell less fuel in the future.
On Friday, the justices agreed to reconsider the ruling early next year. They can clear the way for litigation to proceed.
A related order Monday narrows the legal grounds the industry can use to challenge California’s rules, assuming it ultimately wins status.
The incoming Trump administration may intervene on the side of the challengers.
California Attorney. Gen. Rob Bonta and U.S. Deputy Attorney General Elizabeth Preloga urged the court to reject both appeals. They say California’s strict emissions standards are designed to combat smog and other air pollution as well as greenhouse gases.
They argue that Congress has sufficient power under the Constitution to enact special rules for different state issues.
They say that since early U.S. history, Congress has approved special tariffs or rules involving tribal ties in some states.
In challenging California’s authority, Ohio attorneys. Gen. David Yost noted that the court’s 2013 ruling struck down parts of the Voting Rights Act on the grounds that it violated the principle of sovereign equality of states.
When Congress passed national air pollution standards in 1967, it said California could go further because it was already enforcing strict standards to combat the state’s worst smog problem in the nation.
Ohio and red states said the special power violated “core constitutional principles because no state is more equal than any other.” Congress has no general power to elevate one state above the others… However, in the Clean Air Act, Congress elevated California above all other states by granting only the Golden State the authority to pass certain environmental laws above.
The justices said they would not hear the constitutional claims but did not comment.
The Environmental Defense Fund welcomed the court’s ruling.
“California’s clean car standards successfully help reduce dangerous soot, smog and climate pollution that put everyone at risk, while also advancing clean technology and job creation,” said Allie, principal advisor on its Clean Air Policy Group. Silk Henderson said.
