California has taken the U.S. Environmental Protection Agency to court, filing a lawsuit Monday after the federal agency sent several of the state’s landmark vehicle emissions waivers to the Republican-controlled Congress earlier this month, opening the door to their potential repeal.
The EPA argued that California’s environmental regulation waivers — approved under previous Democratic administrations through the Clean Air Act — were required to be submitted to lawmakers under the Congressional Review Act. California pushed back hard, calling the move unlawful and asking the U.S. District Court for the District of Columbia to put a stop to it.
State officials said the EPA was essentially trying to redefine what a waiver is, accusing the agency of attempting to “wave a magic wand” and reclassify the waiver as a rule subject to congressional action.
California Attorney General Rob Bonta condemned the EPA’s decision in strong terms. “These latest illegal actions would mean more pollution, poorer air quality, more market uncertainty, and greater health risks for communities already overburdened by emissions,” Bonta said. He noted that California has received more than 75 such waivers for various environmental measures over the years.
The EPA had not offered any comment in response to the lawsuit as of Monday.
The current administration has pursued multiple strategies to strip California of its authority to mandate cleaner vehicles and push for greater electric vehicle adoption. The EPA has also moved to make it easier for automakers to sell more gasoline-powered vehicles while increasing the financial burden on consumers purchasing electric vehicles.
The four waivers now under congressional scrutiny gave California the power to set its own emissions standards for passenger vehicles, trucks, and lawn and garden equipment. Those standards have pushed manufacturers to develop cleaner, electric alternatives in order to reduce overall emissions.
California’s current vehicle emissions framework was approved in 2022 during the Biden administration. The standards require automakers to progressively increase the share of electric vehicles they sell while meeting tighter restrictions on tailpipe pollution — rules that are considerably more stringent than current federal standards.
The current administration has signaled plans to roll back federal fuel economy requirements. Legislation signed last year overturned California’s goal of phasing out the sale of new gasoline-powered cars by 2035. California maintains that the long-term fuel savings for consumers under its rules far outweigh the higher upfront cost of electric vehicles.
Congress moved to cancel California’s authority to ban new gas-powered vehicles after 2035 following lobbying efforts by major automakers including Toyota and GM, who sought relief from the state’s strict emissions rules. That action came after the EPA had already submitted that particular waiver to Congress for review. Many Democratic lawmakers have argued that such waivers are not eligible for review under the Congressional Review Act, and California has separately challenged that waiver submission as well.
