State of California v. American Fuel & Petrochemical Manufacturers
State of California v. American Fuel & Petrochemical Manufacturers
July 21, 2026·25-8013·Unpublished·By Raj Patel
The United States Court of Appeals for the Ninth Circuit reviewed motions to intervene in a challenge to Congressional resolutions disapproving Environmental Protection Agency waivers for California zero-emission vehicle regulations. The court affirmed the denial of intervention for some groups while reversing the denial for others and remanding the case for further proceedings.
California and eleven other states challenged Congressional resolutions that disapproved Environmental Protection Agency waivers allowing California to enforce stricter zero-emission vehicle standards. Various industry groups sought to intervene in the litigation, arguing that the outcome would affect their ability to sell vehicles or operate under federal preemption rules.
The court’s reasoning
The court applied a four-part test for intervention as of right, finding that automakers and dealers had a legally protectable interest in federal preemption that was inadequately represented by the government. Conversely, the court found that the economic interests of trucking associations and fuel manufacturers were too remote from the core legal issue. The court also held that the district court erred in denying permissive intervention to fuel and corn grower groups because the government did not adequately represent their specific arguments regarding the Administrative Procedure Act.
What it means going forward
The ruling allows automakers and dealers to join the lawsuit to argue for federal preemption, while excluding trucking and fuel groups from intervention as of right. It sends the case back to the district court to reconsider whether fuel and corn grower groups may permissively intervene.
