President Donald Trump signed Congressional Review Act resolutions to repeal three California clean vehicle programs. It will reverse the waivers the Environmental Protection Agency granted California to implement Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty low-NOx Omnibus.
California plans to challenge the resolutions through legal action.
“For over 50 years, California has been a leader in developing and deploying the clean vehicle technologies that reduce pollution, protect vulnerable communities from smog and soot, and save consumers hard-earned money at the pump, all while supporting American manufacturing jobs and global competitiveness,” Joanna Slaney, vice president for political and government affairs at Environmental Defense Fund. “We stand firmly with California and other states as they continue the vital work of improving air quality for their communities and fighting these unlawful attacks.”
Beginning in 1967, California was granted the right to its own protective clean vehicle standards under the Clean Air Act, which guaranteed California’s right to its own clean vehicle standards. The state’s Congressional delegation and former Governor Ronald Reagan recognized California as a leader in vehicle emissions control and allowed the EPA, under the law, to “approve the state’s protections unless [the] EPA can make specific findings that a program is not needed or cannot be achieved,” Environmental Defense Funds reported.
“The Trump administration’s attack on clean air and clean vehicles only benefits the fossil fuel industry, leaving Americans to foot the bill with higher fueling costs, limited vehicle choices, and more pollution,” Katherine García, director of Clean Transportation for All Sierra Club, said. “Instead of investing in electric vehicle manufacturing here in the U.S. and leading us towards a healthier future, the administration is dead set on pushing us backwards and ceding EV innovation and leadership to China. The Sierra Club will continue to fight for clean transportation solutions across the country.”
Lee Zeldin, EPA Administrator, passed the resolutions in May without public process for California’s three clean vehicle programs through congressionally-granted authority under the Clean Air Act. But an opinion from the Senate parliamentarian claimed that the Clean Air Act waivers, which allows California to implement protective clean vehicle standards, are not subject to the Congressional Review Act.
“The Newsom Administration’s irrational plan to ban gas-powered cars and trucks is an affront to the freedom of Californians and an economic burden to the whole country,” Representative Kevin Kiley, who introduced resolutions to overturn California’s three waivers, said.
According to the White House, “preemption of these programs is essential to preserving the Constitution’s allocation of power both among the States and between the States and the Federal Government.”
“These bipartisan measures prevent California’s attempt to impose a nationwide electric vehicle mandate and to regulate national fuel economy by regulating carbon emissions,” President Trump said in a statement on WhiteHouse.gov. “Because of the joint resolutions I signed today, California’s Advanced Clean Cars II, Advanced Clean Trucks, and Omnibus Low NOX programs are fully and expressly preempted by the Clean Air Act and cannot be implemented.
The Sierra Club and other environmental organizations said they will “continue to fight for clean transportation solutions across the country.”
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