California’s ambitious plan to phase out new gas-powered vehicle sales by 2035 is facing scrutiny as the state battles in court over its authority to set independent vehicle emissions standards. This legal confrontation could significantly impact California’s environmental policies and its leadership role in combating vehicle emissions across the nation.
Recently, the U.S. District Court for the District of Columbia halted the U.S. Environmental Protection Agency’s (EPA) attempt to advance four Clean Air Act waivers to Congress. These waivers are crucial as they enable California to implement its own stringent vehicle emissions regulations.
California’s history of regulating air and vehicle emissions dates back to 1967 when then-Governor Ronald Reagan established the State Air Resources Board through the Mulford-Carrell Air Resources Act. This was part of a larger federal effort that allowed California to devise its own stricter air quality standards, diverging from federal guidelines.
The Clean Air Act typically precludes states from setting their own emissions laws for new vehicles but makes an exception for California, allowing it to obtain waivers for tougher standards. This has led to a dual federal system where states can choose between federal emissions standards or the more rigorous California standards.
According to Michael Buschbacher of the law firm Boyden Gray, around 30% to 40% of U.S. states have adopted California’s emissions standards, underscoring the state’s influence.
In a Federalist Society panel, Buschbacher noted that the EPA had previously sought Congressional action to repeal six clean air waivers related to California’s emissions regulations. These waivers included mandates that would exclusively allow electric vehicle sales in the state starting in 2035 and impose greenhouse gas limits on various vehicles and equipment.
In 2025, Congress repealed three of California’s waivers concerning electric vehicles. This led to a legal battle when California challenged the decision, arguing that the repeals were fundamentally flawed. The resulting case, California v. United States, is currently pending a decision in a federal court in Northern California.
Efforts to repeal waivers continue with Congress introducing joint resolutions. The House recently voted to rescind two waivers affecting ship emissions at California ports, with the Senate set to vote soon.
Buschbacher expressed skepticism about the case’s resolution before the upcoming elections, noting, “So instead of waiting for the legislative process to go through its normal course, California sued and said that the transmission of these waivers and the reclassification behind it was unlawful.”
In September, U.S. District Judge Beryl Howell issued preliminary injunctions, siding with California’s claim of irreparable harm due to federal obstruction of its standards. Howell indicated that California is likely to win against the federal government based on its arguments.
Buschbacher criticized Howell’s analysis, stating, “I think almost every single step of the court’s analysis is wrong – really badly wrong.” He questioned the judicial role in policymaking, suggesting that Congress should have the final say.
Andrew Ceonzo, counsel to U.S. Sen. Eric Schmitt and the Senate Judiciary Committee, highlighted the Congressional Review Act as a tool for Congress to assert its legislative authority over emissions standards. “It’s Congress coming in and saying ‘We’re the policymaker here, we’re the Article I branch, and we’re the one who actually decides here what the policy is going to be,” Ceonzo explained.
Ceonzo argued against judicial dominance in policy decisions, stating, “I don’t think that’s the structure of our government, where a judge gets the final word on everything.”
Despite requests, various California agencies and companies, including major car manufacturers and oil companies, did not provide comments on this issue. Meanwhile, Californians face the nation’s highest gas prices, with an average of $6.24 per gallon as of Thursday, compared to a national average of $4.48, according to AAA.
Original Story at www.thecentersquare.com