Alliance for Calif. Business v. State Air Resources Bd.

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The California Court of Appeal consolidated cases to address a novel question regarding jurisdiction under the unique and complex cooperative federalism scheme of the federal Clean Air Act (42 U.S.C. 7401 et seq.) (Act). The Act authorized the U.S. Environmental Protection Agency (Agency) to promulgate national primary and secondary ambient air quality standards. States, however, have the “primary responsibility for assuring air quality” and must each devise, adopt, and implement a state implementation plan (SIP) specifying how the state will achieve and maintain the national air quality standards. The SIP is submitted to the Agency’s administrator (Administrator) for approval. The cases here sought the same relief and practical objective: to invalidate and render unenforceable, in whole or in part (albeit on different grounds), a state regulation known as the Truck and Bus Regulation (Regulation), which was approved by the Administrator as part of and incorporated into California’s SIP. Plaintiff Jack Cody argued the Regulation violated the dormant commerce clause of the United States Constitution because it discriminated against out-of-state truckers by imposing a disproportionate compliance burden on them. Plaintiff Alliance for California Business (Alliance) argued the Regulation was unlawful because part of its mandate conflicted with state and federal safety laws. Defendants, including the California Air Resources Board (Board), raised lack of subject matter jurisdiction under section 307(b)(1) of the Act in both cases on appeal. The issue this case presented for the Court of Appeal's review centered on whether section 307(b)(1) vested exclusive and original jurisdiction over these challenges to the Regulation incorporated into and approved as part of California’s SIP in the Ninth Circuit Court of Appeals. The Court concluded it did and affirmed the judgments for lack of jurisdiction. View "Alliance for Calif. Business v. State Air Resources Bd." on Justia Law