California Takes Legal Action Against Federal Government Over EV Standard Repeal

California is already moving forward to sue the federal government. This comes on the heels of the U.S. Senate passing a bill to repeal the state’s zero-emissions vehicle requirement. This controversial move undermines California’s aggressive strategy to move the state to a fleet of only zero-emission vehicles by 2035. California’s special waiver emissions standard has…

Lisa Wong Avatar

By

California Takes Legal Action Against Federal Government Over EV Standard Repeal

California is already moving forward to sue the federal government. This comes on the heels of the U.S. Senate passing a bill to repeal the state’s zero-emissions vehicle requirement. This controversial move undermines California’s aggressive strategy to move the state to a fleet of only zero-emission vehicles by 2035. California’s special waiver emissions standard has gotten a lot of the ink. By 2026, it will need to show a huge ramp-up in zero-emission light-duty car and truck sales.

Over 100 times the state has been granted waivers from federal regulations. Yet it has wielded this authority for almost half a century. By 2035, California will need all new vehicles sold to be zero-emission. This new mandate is a sign of the state’s deep desire to cut pollution and combat climate change. Technologies such as hydrogen fuel cells and battery electric vehicles come close to achieving this benchmark today. In 2023, as much as a whopping 25.3% of new light-duty vehicles in California could qualify as zero-emission and they’re all electric!

Automakers have been vocal about their ability to meet California’s lofty targets. Some have repeatedly said meeting the zero-emission vehicle mandate that goes into effect in 2026 is “not feasible.” The state’s attorney general, Rob Bonta, has voiced his readiness to combat Republican-led efforts to repeal the emissions waiver through the Congressional Review Act, emphasizing that California’s regulations are essential for public health and environmental protection.

“The weaponization of the Congressional Review Act to attack California’s waivers is just another part of the continuous, partisan campaign against California’s efforts to protect the public and the planet from harmful pollution,” – Rob Bonta

Enactment of the Senate version may allow Congress to preemptively repeal California’s emissions waiver. This decision contradicts already-settled precedent and counsel from the Senate parliamentarian as well as the Government Accountability Office. Sixteen other states and the District of Columbia have adopted California’s emissions standards. The majority of these jurisdictions are pioneering efforts to phase in fossil-free vehicles.

Yet California is having much publicized troubles with hydrogen fuel cell technology and filling networks. At the same time, electric vehicles have rapidly emerged as the state’s most promising solution to help achieve a 2035 deadline. The state’s commitment to zero-emission vehicles is not just a local issue; it has national implications given the influence of California’s policies on other states.