Since EPA's waiver decision, at least fourteen states have adopted California's greenhouse gas emissions standards pursuant to the Clean Air Act, Section 177. On September 8, 2009, the Chamber of Commerce and the National Automobile Dealers Association (NADA) petitioned for judicial review of EPA's waiver decision.
The Appeals Court reiterated, "Before we may reach the merits of these arguments, we must assure ourselves that Article III of the Constitution grants us jurisdiction to decide this case. See Steele Co. v. Citizens for a Better Env't., 523 U.S. 83 (1998). Because we conclude that we lack jurisdiction, we dismiss the petition for review."
In sum, even if NADA had standing when it initially sought review, "events have so transpired that [our] decision will neither presently affect the parties' rights nor have a morethan-speculative chance of affecting them in the future," Clarke, 915 F.2d at 701 (internal quotation marks omitted). Because "this case has 'lost its character as a present, live controversy of the kind that must exist if we are to avoid advisory opinions on abstract questions of law,'" Schmid, 455 U.S. at 103 (quoting Hall v. Beals, 396 U.S. 45, 48 (1969) (per curiam)), it is now moot.