Elena Kagan Questions Attorney on CA Emissions Rule Case Evidence

Scrutiny of Evidence in CA Emissions Case

• ⚖️ Justice Kagan expressed skepticism regarding the attorney's evidence for market interference in the CA emissions rule case, stating, "you didn't put on much evidence."
• 💡 Kagan suggested that if the attorney's inferences were based on common sense, it should have been straightforward to present supporting evidence.

Attorney's Defense of Evidence Presented

• 📄 The attorney countered Kagan's assessment, citing an on-point DC circuit decision, their own declarations, and California's expert declarations filed after the case began.
• 🗣️ They pointed to California's 2021 statement that the standards are critical for reducing fuel consumption, as well as EPA statements supporting the waiver.
• 🚗 The attorney also mentioned an admission from intervenor automakers who had invested in electrification and feared a competitive disadvantage if standards were not met.

Kagan's Response to Defense

• ✅ Justice Kagan acknowledged the attorney's points, stating, "Oh, I agree. I I I agree," implying that if all the mentioned evidence was indeed in the record, the case should proceed.