Diamond Alternative Energy held that fuel producers had standing to challenge EPA's approval of California vehicle-emissions rules. The Court relied on the producers' claimed lost fuel sales and California's own estimates that the rules would reduce gasoline demand. The merits of EPA's approval remain for later litigation.
California has special Clean Air Act authority to set vehicle-emissions rules with EPA approval. The challenged regulations aimed to reduce greenhouse-gas emissions by requiring automakers to make and sell more electric vehicles. Fuel producers said less gasoline consumption meant lost revenue.
Do fuel producers have Article III standing to challenge EPA's approval of California regulations that reduce demand for liquid fuels by pushing automakers toward electric vehicles?
Fuel producers have Article III standing to challenge EPA's approval of California vehicle-emissions regulations that require more electric vehicles and fewer gasoline-powered vehicles.
How the justices lined up in this decision.
The ruling opens the courthouse door for fuel producers to challenge climate and vehicle-emissions rules that reduce demand for fossil fuels. It does not strike down California's EV rules or decide EPA's Clean Air Act authority. It does make standing easier to show for businesses indirectly affected by agency regulation of another industry.
Justice Kavanaugh wrote for the Court, joined by Chief Justice Roberts and Justices Thomas, Alito, Kagan, Gorsuch, and Barrett. Justices Sotomayor and Jackson dissented.