OPEI is scheduled to meet with Mr. Dominguez on June 17 (virtually) to review the status of OPEI’s pe on for reconsidera on, it’s stay request and discuss whether EPA will send the SORE waiver to congress for CRA. February 11 Pe on to 9 th Circuit for Review On February 11 OPEI filed a pe on for review in the 9th circuit. Subsequently, EPA filed a mo on to hold the case in abeyance for 120 days. Addi onally, CARB and Earthjus ce files pe ons to intervene. Meanwhile, the American Fuels & Petrochemical Manufacturers Associa on has also filed pe ons for review in the DC circuit and in the 9 th . To-date, the 9 th Circuit has granted EPA’s abeyance request (un l July 14) and has consolidated the OPEI and AFPM pe ons. The DC Circuit has also placed the AFPM case in abeyance, but has not yet ruled on OPEI’s pe on to intervene if the case ends up in the DC Circuit. A summary of the cases is included below:
Interven on Status
Cap on
No.
Court
Consolidated? Abeyance End Date Notes
Procedural schedule will be reset if no mo on for further relief is filed before abeyance end date. Procedural schedule will be reset if no mo on for further relief is filed before abeyance end date.
Yes; 5/16/2025
OPEI v. EPA
25-881
9th Cir. N/A
7/14/2025
Yes; 5/16/2025
AFPM v. EPA 25-1481
9th Cir. Pending
7/14/2025
Mo on to govern future proceedings due by 6/20/2025.
Un l further court order
AFPM v. EPA 25-1084
DC Cir. Pending
N/A
Congressional Review Act In February EPA sent the ACCII (“clean car wavier”), ACT (“clean truck wavier”), and Omnibus NOx waivers (rules) to Congress for review. For reasons unknown, EPA did not send the SORE Amendments rule to Congress. On May 22 the Senate voted to disapprove all 3 waivers, despite Government Office of Accountability and the Senate Parliamentarian’s opinion that EPA waivers are not “rules”, and thereby not subject Congressional oversight. Following the Senate’s May 22 the Cleaning Equipment Trade Associa on (commercial pressure washers) met with EPA’s Alex Dominguez to discuss sending the SORE waiver to Congress for CRA. Mr. Dominguez’s response differed from his May 7 response to OPEI. Mr. Dominguez advised CEMA that EPA would not send the SORE waiver for CRA review unless requested by Congress. OPEI is working Counsel and CEMA to discuss Hill strategies.
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