EPA & DoJ fail to dismiss California's lawsuit re GHG regulation

The 9th Circuit rejected a motion by EPA to dismiss a lawsuit filed by California and 15 other States to overturn EPA's denial of a CAA waiver related to GHG regulations.  See http://www.alston.com/files/docs/Ninth_Circuit_Ruling.pdf.  This was the first time in the history of the CAA that EPA had denied California a waiver.  DoJ argued that the case should have been filed in the U.S. Court of Appeals for the D.C. Circuit.  EPA also argued that the lawsuit was premature because it had not published its decision in the Federal Register.  The 9th Cir. rejected both arguments.  DoJ/EPA can raise these issues again, so this procedural battle is not over.  California has filed a lawsuit in the D.C. Circuit in case the 9th Cir. dismissed the lawsuit.