EPA has now formally restored its waiver under § 209(b) of the Clean Air Act that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle emission standards contained in § 209(a) of the CAA. EPA also restored the authority of other states under § 177 of the CAA to adopt the California standards. 
In what we lawyers might describe as pleading in the alternative,… More