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ARTICLE · 06 FEBRUARY 2023

Litigation Update: Ohio v. Environmental Protection Agency

Winston Taylor
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On January 24, Winston & Strawn Partner Jonathan Brightbill will speak on a panel titled "Litigation Update: Ohio v. Environmental Protection Agency." The panel will discuss...

United StatesEnvironment
Jonathan D. Brightbill
Jonathan D. Brightbill

On January 24, Winston & Strawn Partner Jonathan Brightbill will speak on a panel titled "Litigation Update: Ohio v. Environmental Protection Agency." The panel will discuss litigation in the United States Court of Appeals for the D.C. Circuit challenging EPA's grant of a preemption waiver for California automobile emission standards under the Clean Air Act. The discussion is hosted by The Federalist Society Regulatory Transparency Project.

Panelists will discuss EPA's justification for reinstating the preemption waiver for California's greenhouse gas standards and Zero Emission Vehicle sales mandate, as well as the arguments by industry and state petitioners. Panelists will also explore how the Supreme Court's "major questions doctrine" and novel arguments regarding the Constitution's equal-sovereignty principle may impact the case.

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