Key facts
- California is seeking a preliminary injunction to block the EPA from allowing Congress to repeal state vehicle emission rules.
- President Trump signed three measures that revoke California's waivers for mandates phasing out gas-powered cars and cleaning up diesel trucks.
- California and 10 other states have sued the Trump administration and Congress, arguing the Congressional Review Act was improperly used.
- The state's governor has directed the Air Resources Board to craft a new mandate for cars and trucks.
- The U.S. Supreme Court has allowed energy industry plaintiffs to challenge a previous EPA waiver approval for a California electric vehicle mandate.
California is pursuing legal action to prevent the U.S. Environmental Protection Agency (EPA) from enabling Congress to repeal the state's landmark vehicle emissions rules. The state filed for a preliminary injunction on Thursday, aiming to block the EPA's move to send prior authorizations for California's environmental regulations to lawmakers under the Congressional Review Act (CRA).
Earlier this month, the EPA stated that waivers granted under the Clean Air Act for California's environmental regulations, approved under previous Democratic administrations, should have been submitted to Congress. President Trump subsequently signed three measures, utilizing the CRA, to rescind these waiver authorizations. These resolutions target California's Advanced Clean Cars II (ACC II) Rule, which mandates escalating targets for electric vehicle sales, and rules for clean trucks and nitrogen oxide emissions.
California, along with 10 other states, has filed a lawsuit challenging these resolutions. They argue that the CRA is intended for federal rules and cannot be used to revoke state regulations. Legal experts and the Government Accountability Office have also indicated that EPA waiver authorizations are not subject to the CRA, classifying them as 'adjudicatory orders' rather than 'rules.'
Governor Gavin Newsom has vowed to continue setting standards and has directed the Air Resources Board to craft a new mandate for cars and trucks, either bolstering existing ones or replacing them. He also ordered the creation of a public list of automakers adhering to California's rules and those taking early action on zero-emission trucks.
In a related development, the U.S. Supreme Court recently sided with energy industry plaintiffs in a case concerning a challenge to an EPA waiver reinstatement. While this ruling focused on standing doctrine, it may open the door for further substantive challenges to EPA waiver authorizations.