Witherspoon
Central Valley Chrysler-Jeep v. Witherspoon
Opinion
Opinion
Ishii, J.
MEMORANDUM OPINION AND ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANT AND DEFENDANT-INTER-VENORS’ MOTION FOR JUDGMENT ON THE PLEADINGS AND (2) LIMITING DISCOVERY OF GLOBAL WARMING SCIENCE DOCUMENTS
This case concerns the legality of environmental regulations imposed by a state administrative agency. Plaintiffs seek declaratory and injunctive relief on the basis that the regulations violate and are preempted by federal law. This court has federal question jurisdiction pursuant to 28 U.S.C. § 1331 .
BACKGROUND
A. California Health and Safety Code § 43018.
In 2002, the California Legislature enacted Assembly Bill Number 1493, codified at California Health and Safety Code § 43018.5. Section 43018.5(a) required the California Air Resources Board (“CARB”) to “develop and adopt regulations that achieve the maximum feasible and cost-effective reduction of greenhouse gas emissions from motor vehicles.” Section 43018.5 only authorizes regulations that apply to vehicles manufactured in the 2009 model year or after. Cal. Health & Safety Code § 43018.5 (b)(1). “Maximum feasible and cost-effective reduction of greenhouse gas emissions” refers to reductions that are “[cjapable of…