If they can sue for "damages," then I believe that the rest of us should be able to form a class action suit. It is established that the fuel producers were aware of climate change caused by their product and saught to obfuscate the discourse surrounding it. This action has had actual measurable damages that would bankrupt them if they were actually held to account. The federal and state governments also have cause to sue because much of this burden has been borne by tax dollars. In fact, California should file a countersuit to recoupe the costs on public health, increased fire danger, economic losses caused by drought, lost tax income from early death, etc.
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Feels like a pointless case since it wouldn't even be over the legality of the waiver, at least according to this article. At that point, what are they suing over? That they don't like the stricter emissions? Wouldn't the courts just say tough shit? There are plenty of laws and policies people don't like. Unless they run afoul of other laws or policies, or are unconstitutional in some way, the courts can't just revoke them because someone doesn't like them.
"Can't."