California is gearing up to sue the federal government over vehicle emissions standards. Attorney General Rob Bonta confirmed to TechCrunch that legal action is imminent after Senate Republicans voted 51-44 to revoke a decades-old waiver allowing California to impose stricter air pollution laws.
This move reverses years of environmental progress. California has held over 100 waivers from the federal government since the 1970s. Bonta called the repeal a "reckless misuse" of the Congressional Review Act, asserting that California will fight back.
“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,” Bonta stated.
More than 16 states plus the District of Columbia have mirrored California’s emissions standards. Many are moving toward phasing out fossil fuel vehicles. The federal rollback may jeopardize California’s ambitious zero-emissions vehicle (ZEV) mandate, which would require all light-duty vehicles to be ZEVs by 2035.
Current qualifications include only battery electric vehicles and hydrogen fuel cells. Last reported, 25.3% of new light-duty vehicles in California were zero emissions, primarily EVs. However, ZEV sales growth showed signs of plateauing in 2024.
Senate votes against California’s waivers also disregarded advice from the Senate parliamentarian and the Government Accountability Office, both ruling that the waivers cannot be revoked under the CRA guidelines.
Bonta was prepared for such a struggle. Earlier this year, he stated he would defend the state against what he views as an inappropriate use of the Congressional Review Act.
“We don’t think it’s an appropriate use of the Congressional Review Act, and we’re prepared to defend ourselves if it’s wrongfully weaponized,” Bonta told Politico.
The situation is far from settled, and California’s legal battle could change the landscape of vehicle emissions standards across the nation.
