Law & Order

Federal Appeals Court Rules Racing Coalition Lacks Standing to Challenge EPA

By SEMA Washington, D.C., Staff

The United States Court of Appeals for the District of Columbia dismissed a lawsuit brought by the Racing Enthusiasts and Suppliers Coalition (RESC) against the U.S. Environmental Protection Agency (EPA) for lack of standing.

The suit, brought by a coalition of racing enthusiasts and aftermarket parts business owners, challenged the 2015 EPA interpretation of the Clean Air Act that motor vehicles designated for street use cannot be converted into dedicated race vehicles. Although the EPA abandoned efforts to make this policy a formal regulation in 2016, the agency still maintains the practice of modifying the emissions system of a motor vehicle for the purpose of converting it for racing is illegal. The Court found that EPA’s 2016 rule did not create a challengeable rule and that RESC had not shown they were injured by the EPA’s rule. The Court did not discuss in any detail nor decide the merits of the case concerning the EPA’s authority under the Clean Air Act to regulate dedicated race vehicles that are converted from street vehicles.

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