‘Major questions’ lawsuits threaten Biden’s new clean car rule
March 25, 2024 – Media MentionEnvironmental Partner, Sedina Banks, was quoted in an E&E News article that addressed possible challenges to the Biden administration's new national pollution standards for passenger cars, light-duty trucks, and medium-duty vehicles.
Excerpts:
“Anything with the word climate in it or addressing climate is getting challenged,” said Sedina Banks, a partner with California-based law firm Greenberg Glusker. “Climate change issues touch so many different industries that it's probably impossible to have a rule where everyone’s happy.”
Banks of Greenberg Glusker noted that the Supreme Court explicitly invoked major questions for the first time in West Virginia, and it is not yet clear what issues qualify for examination under the doctrine.
“We can expect it to take more form,” she said. “It’s very rare that there's a new rule of law, and it’s crystal clear. These cases will be helping to formulate what what does a major questions doctrine mean."