Source: US State of California

LOS ANGELES – California Attorney General Rob Bonta, California Governor Gavin Newsom, and the California Air Resources Board today led a coalition of 10 attorneys general in filing a lawsuit against the federal government challenging the unprecedented and unlawful use of the Congressional Review Act (CRA) to upend California’s clean vehicles program, specifically the Advanced Clean Cars II (ACCII), Omnibus, and Advanced Clean Trucks (ACT) standards. Predicated on illegal actions by the Trump Administration, Congress purported to disapprove the Clean Air Act waivers, granted by the Environmental Protection Agency (EPA), that allow California to enforce these more stringent, state-level emission standards. In the 50 years since the Clean Air Act was enacted, waivers have never been subject to the CRA.  Nor have any other agency orders that adjudicate requests for permission—such as oil and gas leases or mining permits. Congress’s unprecedented action attempting to invalidate California’s waivers contradicts the non-partisan Government Accountability Office and Senate Parliamentarian, both of whom determined that the CRA process to disapprove federal regulations does not apply to waivers.

If California is prevented from enforcing these vehicle emission standards, it will result in the loss of significant economic and public health benefits, costing California taxpayers an estimated $45 billion in preventable health care costs. Despite decades of progress, tens of millions of Californians still breathe some of the worst air in the nation—these regulations were specifically designed to change that. Losing these standards would also undermine market certainty for vehicle manufacturers, stifling innovation and job creation, including in the electric vehicle sector, which has been a growing source of high-paying green jobs and investment. 

“The President’s reckless, politically motivated, and illegal attacks on California continue, this time with his attempt to trample on our longstanding authority to maintain more stringent clean vehicle standards,” said Attorney General Bonta. “The President is busy playing partisan games with lives on the line and yanking away good jobs that would bolster the economy – ignoring that these actions have life or death consequences for California communities breathing dirty, toxic air. I’ve said it before, and I’ll say it again: California will not back down. We will continue to fiercely defend ourselves from this lawless federal overreach.”

“Trump’s all-out assault on California continues – and this time he’s destroying our clean air and America’s global competitiveness in the process,” said Governor Gavin Newsom. “We are suing to stop this latest illegal action by a President who is a wholly-owned subsidiary of big polluters.”

Motor vehicle emissions contribute to the formation of smog, as well as fine particle pollution and unhealthy levels of air toxics, all of which are linked to premature death, respiratory illness, cardiovascular problems, and cancer, among other serious health impacts. Transportation is also the leading source of greenhouse gas emissions in the country, and cars and trucks account for more than 80% of those transportation emissions. 

The Clean Air Act requires the EPA to set federal emission standards for air pollutants from new motor vehicles or new motor vehicle engines that cause or contribute to air pollution that endangers public health or welfare. The Clean Air Act allows California to adopt more stringent emission requirements independent from EPA’s regulations, and the Act requires EPA to approve preemption waivers for those requirements absent certain, limited circumstances not present here. Historically, EPA – under both Republican and Democratic administration – has granted California more than 75 preemption waivers for updates to the State’s new motor vehicle emissions control program. As Congress intended, these waivers have allowed California to improve on its vehicle emissions program, which pre-existed the federal government’s efforts to regulate vehicle emissions via the Clean Air Act.

Consumers are rapidly embracing clean vehicle options. In California alone, over 2 million zero-emission passenger cars have been sold, with clean vehicles now making up 26% of all new car sales. This momentum extends to the medium-and heavy-duty vehicle market as well, where sales have exceeded targets for two consecutive years – well ahead of timelines set by state regulations.

Since 2023, the EPA granted California three waivers, allowing it to enforce the ACC II, Omnibus and ACT regulations in California. Under ACC II, automakers must continue to sell an increasing number of zero-emission vehicles in California—as they have been for decades. By model year 2035, 80% of the passenger vehicles sold in California must be zero-emission, while the remaining 20% may be plug-in hybrids. Advanced Clean Truck regulations, which aim to accelerate the widespread adoption of zero emission vehicles in the medium and heavy-duty truck sector, are similarly critical for California’s efforts to meet air quality standards and protect public health. By 2040, the Advanced Clean Truck regulations will reduce emissions of NOx by 16.9 tons per day and fine particulate matter emissions by 0.46 tons per day. The Omnibus regulation requires internal combustion heavy-duty trucks sold in California to meet strict standards for oxides of nitrogen (NOx), which are major contributors to smog formation.

Under the direction of President Trump, the EPA transmitted these waivers to Congress as “rules” in an attempt to invoke CRA procedures, even though all three waivers state EPA’s consistent and longstanding position, under both Republican and Democratic administrations, that waiver decisions are not “rules.” Both the Republican-controlled U.S. House of Representatives and the Senate illegally used the CRA to “disapprove” of California’s Clean Air Act waivers.

The complaint filed today alleges that the attempt to invalidate California’s waivers violated constitutional principles of federalism and separation of powers, the Take Care Clause, and multiple federal statutes including the Congressional Review Act and Administrative Procedure Act.  The complaint asks the court to declare the resolutions to be unlawful and to require the Administration to implement the Clean Air Act consistent with the granted waivers. 

Attorney General Bonta led the lawsuit with the attorneys general of Colorado, Delaware, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.

A copy of the complaint is available here.

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