California to Sue Federal Government Over Vehicle Emissions Standards
California is gearing up to take legal action against the federal government in order to reclaim its authority to establish vehicle emissions standards, according to a statement from Rob Bonta, the state’s attorney general, as reported by JS.
On Thursday, Senate Republicans voted 51 to 44 to nullify a waiver that permitted California to enforce stricter air pollution regulations for vehicles. This waiver has been granted to the state over 100 times in the past 50 years under federal laws.
Rob Bonta expressed his dismay over the use of the Congressional Review Act to target California’s waivers, labeling it as a partisan attack on the state’s environmental protection efforts. He emphasized that California will not passively accept this unlawful action.
California’s emissions standards serve as a model for 16 other states and the District of Columbia, with many of them adopting plans to phase out fossil fuel vehicles. Additionally, Senate votes revoked waivers that allowed California to impose more stringent emissions standards on medium- and heavy-duty vehicles.
The state’s electric vehicle (EV) mandate aims for a zero-emissions standard, with plans to escalate the sales of zero-emission cars and passenger trucks starting in 2026 until reaching a complete transition to zero-emissions vehicles by 2035. Presently, hydrogen fuel cells and battery electric vehicles qualify as zero-emission technologies, with EVs emerging as the primary choice due to the challenges faced by fuel cells.
In 2021, a significant portion of new light-duty vehicles in California were classified as zero emissions, predominantly EVs. The mandate called for 35% of new vehicle sales to be zero-emission by 2026, a target that automakers deemed as unattainable.
Although ZEV sales in California remained stagnant in 2024, previous years witnessed substantial growth, with the market share rising from 7.8% in 2020 to 25% in 2023.
The Senate vote to repeal California’s emissions waiver contradicted the advice of the Senate parliamentarian and the Government Accountability Office, which had both ruled against the revocation under the Congressional Review Act. This act allows for a simple majority vote to overturn a regulation without the possibility of filibuster.
Rob Bonta had anticipated the Republican efforts to overturn the emissions waiver and had already prepared for potential legal challenges. He reiterated his stance against the misuse of the Congressional Review Act and vowed to defend California’s position if necessary.
Update: California is now taking steps to file a lawsuit against the federal government in response to the recent developments.