On February 3, 2025, the National Association of Wholesaler-Distributors fled an amicus brief with the U.S. Supreme Court in Diamond Alternative Energy, LLC v. EPA, a case that will decide whether all parties harmed by a regulatory action have standing to challenge it in court.

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. The Court will decide whether only those businesses that are the direct subject of a regulatory action (in this case, automobile manufacturers) may challenge it in court.  In its brief, the National Association of Wholesaler-Distributors argues that any business that will be directly harmed by a regulatory action should have standing to sue. 

“California’s stringent new emission standards for passenger vehicles will have a direct negative effect on many in the wholesaler-distribution industry, particularly those who supply parts and products for passenger vehicles that run on fossil fuels,” said Brian Wild, Chief Government Relations Officer. “If an agency is acting illegally, the courthouse doors should be open to any business that can prove it will be directly harmed by a regulatory action. NAW has heard numerous complaints from its members about the negative impact California’s unattainable greenhouse gas emission standards will have on their business. The Supreme Court should ensure that America’s judicial system is not closed to these businesses who play an integral role in America’s supply chain.”

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