Common use of SAFE Rule Part One Clause in Contracts

SAFE Rule Part One. The SAFE Rule Part One is a final agency action in which 1) EPA published a revocation of the CAA waiver of federal preemption previously granted to CARB for the CA Standards, at least as to certain Model Years, and 2) NHTSA adopted a rule declaring that state law regulations pertaining to motor vehicle emissions of carbon dioxide are preempted by the federal Energy Policy and Conservation Act (“EPCA”). CARB and the Section 177 States dispute the validity of these actions and the authority of EPA and NHTSA to take these actions. California has filed a lawsuit, together with the Section 177 States and other plaintiffs, challenging the NHTSA action in the United States District Court for the District of Columbia. State of California x. Xxxx, Case No. 1:19-cv-02826 (D.D.C. filed Sept. 20, 2019). California (including CARB), the Section 177 States, and others have also petitioned for review of the EPA and NHTSA actions in the SAFE Rule Part One in the United States Court of Appeals for the District of Columbia Circuit. State of California x. Xxxxxxx, Case No. 19-1239 (D.C. Cir. filed Nov. 15, 2019).