Supreme Court of the United States · Official docket →
Alliance for California Business v. California Air Resources Board
Paid petition · Court of Appeal of California, Third Appellate District, No. C082828 · judgment May 29, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
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?
Counsel of record
For petitioner
Karl Olson
Cannata, O'Toole, Fickes & Olson LLP
For respondent
Russell B. Hildreth
California Department of Justice, Office of the At
Proceedings
- Jan 07 2019Petition DENIED.
- Dec 05 2018DISTRIBUTED for Conference of 1/4/2019.
- Nov 26 2018Waiver of right of respondent California Air Resources Board to respond filed.
- Nov 13 2018Petition for a writ of certiorari filed. (Response due December 21, 2018)