regulations the Notice of Decision authorizes “beginning with the 2026 model year.” 4 On January 29, 2025, OPEI filed a petition for reconsideration with EPA. Ex. B. Because CARB had announced it would not enforce its SORE regulations until model year 2026, OPEI did not seek a stay at the time it filed its petition, but reserved its right to do so should a stay become necessary. Ex. B at 2 n.5. 3. Petitions for Review Pending Before the Ninth Circuit a. OPEI v. EPA, No. 25-881 (9th Cir.) On February 10, 2025, OPEI filed a petition for review with the U.S. Court of Appeals for the Ninth Circuit. Ex. A. On February 19, 2025, EPA filed a motion to hold the case in abeyance to provide EPA with “time to brief new administration officials about this case, the petition for reconsideration, and the underlying rule to allow them to decide what action, if any, is necessary.” Ex. C at 2. On March 4, 2025, the Ninth Circuit granted EPA’s motion, vacated the briefing schedule, and held the case in abeyance for 120 days, until June 20, 2025. Ex. D at 1. b. AFPM, et al. v. EPA, No. 25-1481 (9th Cir.) On March 7, 2025, American Fuel & Petrochemical Manufacturers (“AFPM”) and Energy Marketers of America (“EMA”) filed a “protective” petition for review in the Ninth Circuit. Ex. E. In their petition, they alleged the U.S. Circuit Court for the District of Columbia Circuit has jurisdiction and is the proper venue pursuant to 42 U.S.C. § 7607(b)(1). Id. On April 7, 2025, OPEI filed a motion to intervene to protect its interests as they may arise, particularly on the question of venue. Ex. F. On April 8, 2025, EPA filed a motion to consolidate this case with OPEI v. EPA , No. 25-881, and to leave both cases in abeyance until June 20, 2025. Ex. G. On May 16, 2025, the Ninth Circuit granted EPA’s motions and stayed litigation until July 14, 2025. Ex. H.
4 See CARB Small Off-Road Engine FAQ, available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2021/sore21/carb_sore_faq.pdf .
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