Elena Kagan Slams Attorney During California Emissions Rule Case: ‘You Didn’t Put On Much Evidence’

Forbes Breaking News

During the Oral Arguments for 'Diamond International, LLC v. EPA', Supreme Court Justice Elena Kagan questioned an attorney on evidence of market interference.

Transcript

00:00But we think you haven't shown redressability.

00:02But I think that the reason for that was a combination of two things.

00:05One was what Justice Sotomayor said, that they were mistaken about the end date of the regulation.

00:14The other, honestly, was that you didn't put on much evidence.

00:19And here, too, your sort of common sense inference, it is a common sense inference,

00:24but if it's such a common sense inference, it should be easy to put on evidence.

00:28And here, there wasn't a lot of it.

00:31So, Justice Kagan, I don't think that's fair.

00:35We had an on-point decision from the D.C. Circuit dealing with this very industry, fuel producers.

00:39We had our own declarations.

00:41We had California's expert declarations filed after we brought this case.

00:45So when California intervened, if you look at pages 110 and 115 of the J.A.,

00:49California put in declarations from two CARB experts.

00:52And in both of them, their own experts, these are not statements of the brief.

00:56I agree with you.

00:57I think it would be easy to read those declarations back to California and say,

01:01what do you make of those?

01:03But your side didn't really make that argument.

01:06Well, we pointed to our declarations.

01:08We pointed to California's statement in 2021 at page 66 of the J.A.

01:13saying, these standards are critical, their word, to reducing fuel consumption.

01:17We pointed to EPA's statements in adopting the waiver, saying they need their own standards.

01:21We pointed to the intervener automaker's admission, saying, hey, we've invested a lot in electrification.

01:27If you don't make them meet the same standard, we might be at a, quote, competitive disadvantage.

01:32And I guess my point back, Justice Skiggin, is, look.

01:35I think my point to you is surely if that's all in the record, you deserve to go forward.

01:40Oh, I agree.

01:42I agree.

Category

Transcript

Recommended