On the same day news sources reported that the White House is planning to set federal auto emissions standards at the same level set by California in its embattled “Pavley” standards, the U.S. Court of Appeals for the Ninth Circuit decided today to put on hold an appeal brought by the auto industry challenging the Pavley standards on the ground that they are preempted by federal law.

In an order filed Monday, the Ninth Circuit granted the State’s request to stay the case until July 13, 2009.   California requested the stay due in part to the fact that the Obama Administration is currently reconsidering the State’s request for a waiver of federal preemption under the Clean Air Act to enforce the Pavley standards (a request originally denied by the Bush Administration in 2007), and in light of Congress’s recent decision to impose a deadline of June 30 on the current Administration for deciding whether to grant the waiver.

Today’s news that the Administration will soon introduce new federal auto emissions standards that will bring the entire country up to the California standards – though not yet formally confirmed by the White House – will likely make the auto industry’s claims of federal preemption moot.

Stay tuned to Warming Law for updates on the California preemption lawsuit, as well as for coverage of the three other federal preemption lawsuits currently being fought by the auto industry against states that have adopted the Pavley standards.