Oklahoma joins in lawsuit challenging California’s EPA exemption

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As he seeks his first election to remain as Oklahoma Attorney General, John O’Connor on Friday joined 16 other Republican state attorneys general in suing the EPA for allowing California to set its own vehicle emissions standards.

The Hill reported the lawsuit accuses EPA Administrator Michael Regan of violating the Constitution’s doctrine of equal sovereignty by allowing the state in an exemption from the Clean Air Act. In doing so, California imposed more stringent emissions limits than those set for the nationwide limit.

West Virginia Attorney General Patrick Morrisey issued a statement claiming, “The Act simply leaves California with a slice of its sovereign authority that Congress withdraws from every other state,” adding, “The EPA cannot selectively waive the Act’s preemption for California alone because that favoritism violates the states’ equal sovereignty.”

O’Connor and Morrisey were joined by attorneys general for Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, Texas and Utah.

When Donald Trump was president, his administration in 2010 revoked a waiver granted to California in 2013 in which it was allowed to set stricter standards for vehicles. In March of this year, Regan announced the restoration of the original waiver.