Goldstene

ORDER ON MOTIONS AND COUNTER-MOTIONS FOR SUMMARY JUDGMENT ON PLAINTIFFS’ CLAIMS FOR RELIEF ON EPCA PREEMPTION AND FOREIGN POLICY PREEMPTION

INTRODUCTION

This is an action for injunctive and declaratory relief by plaintiffs Central Valley Chrysler-Jeep, Inc., et al. (collectively, “Plaintiffs”) and Plaintiff-intervenor Association of International Automobile Manufacturers (“AIAM”) against defendant James Goldstene, in his official capacity as Executive Director of the California Air Resources Control Board (“CARB”) and defendant-intervenors Sierra Club, et al. (collectively “Defendants”). In an order filed January 16, 2007 (the “January 16 Order”), the court granted Defendants’ motion for a stay of proceedings pending the Supreme Court’s decision in Massachusetts v. E.P.A. Pending in this court at the time the stay was imposed were a number of motions and cross-motions for summary judgment. Both AIAM and Defendants have moved for summary judgment on Plaintiffs’ claim that the Energy Policy and Conservation Act (“EPCA”) preempts regulations promulgated by CARB that aim to regulate greenhouse gas emissions of greenhouse gases, principally carbon dioxide, by motor vehicles.…