In response to the U.S. Supreme Court’s 7-2 decision today authored by Justice Kavanaugh in Diamond Alternative Energy, LLC v. EPA National Association of Wholesaler Distributors Chief Government Relations Officer Brian Wild issued the following statement:

“The wholesaler distribution industry has been crushed by California’s stringent new emission standards for passenger vehicles, with the standards hitting those who supply parts and products for passenger vehicles being hit particularly hard. Any business that can prove it is negatively impacted by an illegal regulatory action should have the opportunity to challenge it in court. NAW applauds the Supreme Court for its ruling today, which will ensure that America’s judicial system is not closed to these businesses who play an integral role in America’s supply chain.”

In Diamond Alternative Energy, fuel producers challenged the legality of a waiver the Environmental Protection Agency granted the State of California, which allowed the state to set more stringent greenhouse gas emission standards for automobiles than EPA requires. Among other things, California’s regulations require all passenger vehicles sold in the state to have zero emissions by 2035. Today, the Court agreed with NAW and ruled 7-2 that businesses have standing to challenge illegal regulations in court when they can demonstrate (1) harm from the illegal regulatory action and (2) stopping the action will redress those injuries.

As NAW articulated in its amicus brief to the Court, the association has received numerous complaints from its members about the negative impact California’s unattainable greenhouse gas emission standards will have on their business.

Mountain States Legal Foundation represented the National Association of Wholesaler-Distributors, as well as the Texas Royalty Council and American Royalty Council in this case.

About NAW
The National Association of Wholesaler-Distributors (NAW) is one of America’s leading trade associations, representing the $8.2 trillion wholesale distribution industry. Founded in 1946, NAW includes national, regional, and state employers of all sizes, as well as industry trade associations and stakeholders across every distribution sector. The industry employs over 6 million workers nationwide and accounts for nearly one-third of U.S. GDP.

Media Contact: Meghan Cieslak, [email protected]