Yesterday, automakers filed a motion to dismiss a long-running challenge to a set of California auto emission standards.   The automakers had alleged that California’s so-called “Pavley” standards for greenhouse gas emissions from motor vehicles were preempted by federal law.  In 2008, the automakers lost their case following a trial, and had appealed to the U.S. Court of Appeals for the Ninth Circuit.

As Warming Law readers may recall, the California preemption lawsuit was one of four lawsuits pursued by the auto industry against states that had adopted the Pavley standards from 2004 to 2009.  (The others were brought in Vermont, Rhode Island, and New Mexico.)  The lawsuits became more or less moot, however, last May, when President Obama struck a three-way deal with then-struggling automakers and the State of California, pursuant to which the U.S. agreed to adopt the Pavley standards nationwide (thereby eliminating the preemption argument), and automakers agreed to drop their preemption challenges.

In keeping with this deal, and as we reported last week, the EPA last week adopted the Pavley standards formally –standards  that call for a near 30% reduction in tailpipe greenhouse gas emissions by the time that 2016 models hit the road – but they will not “take effect” until January 2011, when the 2012 model year begins.

As of this writing, no motions to dismiss have been filed in the automakers’ lawsuit against Vermont, which is currently on appeal in the U.S. Court of Appeals for the Second Circuit, but (like the California lawsuit) has been stayed since last summer.  All parties in the Rhode Island case today asked the court to dismiss that case.  Over in New Mexico, however, auto dealers are continuing to pursue their challenge to that state’s emissions standards. Currently, the parties are in the midst of briefing a motion to modify the briefing schedule.  It is unclear if and when auto dealers will drop this challenge.

Stay tuned to Warming Law for follow up.