The U.S. Supreme Court seemed inclined during an April 23 oral argument to revive a lawsuit filed by energy companies over California’s tough vehicle emissions standards.
The case is Diamond Alternative Energy LLC v. Environmental Protection Agency (EPA).
The lead petitioner, Diamond Alternative Energy, is a subsidiary of Valero Energy Corp.
Other petitioners include the American Fuel and Petrochemical Manufacturers, Clean Fuels Development Coalition, Domestic Energy Producers Alliance, and Energy Marketers of America, as well as several agriculture industry organizations.
Much of the discussion during the oral argument focused on standing and redressability.
Standing refers to the right of someone to sue in court. The parties must show a strong enough connection to the claim to justify their participation in a lawsuit. Redressability, a key element of standing, is the ability of the courts to give a party the relief it is seeking if it wins its case….