California Plans Legal Action as Federal Government Revokes EV Emissions Authority
California Attorney General Rob Bonta announced the state’s intent to sue the federal government after Senate Republicans voted to revoke California’s long-standing authority to set stricter vehicle emissions standards. The controversial 51-44 vote on Thursday overturned a critical waiver that had allowed California to implement its own air pollution regulations for decades.
Historic Waiver Under Fire
Since the Clean Air Act was amended nearly 50 years ago, California has received:
- Over 100 emissions regulation waivers from the EPA
- Special authority to set standards exceeding federal requirements
- Recognition as a leader in environmental policy
The revoked waiver specifically enabled California’s ambitious Zero-Emission Vehicle (ZEV) mandate, which required:
- 35% of new vehicle sales to be ZEVs by 2026
- 100% ZEV sales by 2035
- Only battery electric and hydrogen fuel cell vehicles qualifying as ZEVs
Far-Reaching Consequences
Sixteen other states and Washington D.C. follow California’s emissions standards, with many implementing similar fossil fuel vehicle phase-outs. Thursday’s Senate action also targeted waivers for medium- and heavy-duty vehicles, potentially affecting commercial fleets nationwide.
Legal and Political Battle Looms
Attorney General Bonta condemned the move, stating:
“This reckless misuse of the Congressional Review Act represents a partisan attack on California’s environmental protections. We will vigorously defend our right to safeguard public health and combat climate change.”
The vote notably disregarded rulings from both the Senate Parliamentarian and Government Accountability Office, which found the waiver revocation procedurally improper under the Congressional Review Act.
EV Market Impact
California’s ZEV market has shown remarkable growth:
- 7.8% of new vehicles in 2020
- 25% in 2023
- 25.3% in 2024 (growth plateaued)
However, automakers have expressed concerns about meeting the 2026 35% target, with some calling the mandate “impossible” given current market conditions.
What’s Next?
The impending lawsuit sets the stage for a high-stakes legal battle that could:
- Determine states’ rights to set environmental policy
- Impact the nationwide transition to electric vehicles
- Influence future interpretations of the Congressional Review Act
California’s legal team maintains that the waiver revocation violates established legal precedents and exceeds Congressional authority. The outcome could reshape environmental regulation and clean transportation policy for years to come.
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