The state of California on Thursday sought a preliminary injunction to block the U.S. Environmental Protection Agency from teeing up landmark state vehicle emissions rules for potential repeal by Congress.
The Trump administration EPA said earlier this month that waivers under the Clean Air Act for California environmental regulations, approved under prior Democratic administrations, should have been sent to lawmakers under the Congressional Review Act. California sought the injunction after filing suit earlier this week in U.S. District Court in Washington. The move threatens California’s vehicle emissions program, adopted by a dozen other states, that has forced automakers to sharply cut tailpipe pollution.
California noted that over the last 60 years it has received about 75 waivers for emissions regulations and maintained parallel regulatory programs with the federal government to control vehicle and engine emissions. “The first Trump administration attempted to blow a hole in this two-program structure,” the state said. “The second Trump administration wants to tear it down altogether.” The EPA said in a statement it “is not afraid of congressional review, and it is telling that California feels differently.”
A Multi-Pronged Effort
The Trump administration has mounted a multi-pronged effort to deny California the ability to require cleaner and more electric vehicles, also enacting rules making it easier for automakers to sell gasoline-powered cars while raising EV costs. The four waivers sent to Congress for review granted California authority to enact its own emission standards for cars, trucks, and lawn and garden equipment in 2009, prodding companies to produce cleaner electric models.
California won approval in 2022 under President Joe Biden’s EPA for its current emissions rules, which require automakers to sell a rising number of electric vehicles and meet increasingly stringent tailpipe limits – far stricter than Trump’s rules, which aim to roll back federal fuel economy standards.
Congress Already Rescinded One Waiver
Congress previously rescinded California’s authority to outlaw gasoline-powered vehicles after 2035, after automakers including Toyota and GM lobbied for relief from the state’s emissions rules. That came after the EPA sent that waiver to Congress for review. Many Democratic lawmakers contend the waivers are not reviewable under the CRA, and California and other states have also challenged that earlier waiver submission in court.
(with input from Reuters)
