The Government Uses "Standing" Doctrine to Evade Judicial Review

Thomas A. Berry, Brent Skorup, and Christine Marsden

Under the Clean Air Act, the US Environmental Protection Agency (EPA) may grant a special waiver to the state of California to combat environmental concerns specific to California, such as smog in Los Angeles. But over the last fifteen years, the EPA has used that limited waiver process to empower California regulators to address global climate change through strict vehicle emissions and electric car mandates that bind all US automakers.