We鈥檝e been here before. Even the players are the same.
When President Donald Trump took office in 2017, his favorite sparring partner was California. The state鈥檚 ambitious environmental policies often clashed with the president鈥檚 promise to 鈥溾�� and rein in California鈥檚 regulations.
Now it鈥檚 California v. Trump, 2.0 鈥� and the stakes are much the same. Candidate Trump threatened to dismantle many environmental programs and hollow out federal regulatory agencies on his first day in office.
As much as California proclaims its exceptionalism, lauding its environmental policies as examples to the rest of the nation, the Golden State is just that, a state 鈥� not a nation state. It relies on the federal government for aid, funding and partnership on major initiatives.
California鈥檚 massive water projects, its authority to clean its air, federal support for offshore wind and disaster aid for wildfires all depend on cooperation with the new Trump administration.
On Thursday Gov. Gavin Newsom called for a to fund California鈥檚 legal defense against efforts 鈥渁imed at undermining California鈥檚 laws and policies.鈥� Newsom wants to beef up funding for the state Justice Department and other agencies to act swiftly through the courts to , including those involving clean air and climate change.
The good news for California, said Ann Carlson, an environmental law professor and director of the Emmett Institute on Climate Change and the Environment, is that the first Trump administration 鈥渓ost 83% of its court cases involving attempts to roll back environmental regulations.鈥�
Whether California can 鈥淭rump-proof鈥� itself and fend off another four years of assaults on its environmental efforts is unknown, but lawmakers say they are ready to fight.
"We learned a lot about former President Trump in his first term 鈥� he鈥檚 petty, vindictive, and will do what it takes to get his way no matter how dangerous the policy may be,鈥� Senate President Pro Tem , a Santa Rosa Democrat, said in a statement.
Here are some of the key environmental policies at stake in California:
Federal disaster funds for California鈥檚 wildfires
Trump has never lacked advice for California on how the state should manage its ever-growing wildfire threat.
As president, while visiting the burned-out husk of Paradise, a town wiped out in 2018, Trump to reduce fuel buildup. It was an especially : 8,000 fires, 2 million acres burned, 24,000 structures destroyed and 100 people killed.
Two years later, Trump threatened to because he said the state had deliberately not taken his advice to 鈥渃lean its floors.鈥�
And last month he made another threat to withhold fire aid should he be reelected. Trump scolded Newsom for not properly managing the state鈥檚 water supplies and said if the governor did not toe the line, 鈥渨e鈥檙e not giving any of that fire money that we send you all the time for all the fire, forest fires that you have. It鈥檚 not hard to do.鈥�
Whether Trump鈥檚 remarks were meant as a warning or to fire up the crowd, it is a sobering thought: Presidents have the power to refuse to send emergency aid to states or delay it.
Despite the bluster, California so far has generally received the wildfire aid it has requested. Even during the height of Newsom鈥檚 feuding with then-president Trump over wildfire and pandemic relief, the federal assistance has come.
鈥淭here鈥檚 not one phone call that I have made to the President, where he hasn鈥檛 quickly responded,鈥� in 2020. 鈥淎nd in almost every instance, he鈥檚 responded favorably in terms of addressing the emergency needs of the state.鈥�
鈥淲ill the 47th president of the United States withhold federal disaster relief from the state of California? 鈥his is one of those things that should be hands off.鈥�Brian Rice, California Professional Firefighters
Brian Rice, president of California Professional Firefighters, the state鈥檚 largest firefighter organization, said disaster aid should not be politicized.
鈥淚f you are a resident of California you need to be concerned about this,鈥� Rice said. 鈥淲ill the 47th president of the United States withhold federal disaster relief from the state of California? It鈥檚 difficult to comprehend. What if we have an earthquake, what if we have mudslides? This is one of those things that should be hands off.
鈥淭his isn鈥檛 the federal government鈥檚 money, this is our tax dollars,鈥� he said. 鈥淭he citizens of California have paid for this.鈥�
Under the 鈥� administered by the Federal Emergency Management Agency 鈥� states may be reimbursed for 75% of their fire suppression costs 鈥� which can be considerable. The 2020 fire season killed 33 people and caused the state more than $19 billion in economic losses. The cost to fight the fires was more than $2 billion. According to a UC Davis analysis, from 2015 to 2020, from California wildfires exceeded $50 billion.
These grants are commonly awarded, especially in California, where nearly 60% of the forested land is owned by the federal government. So far this year, the state has received 10 , most recently this week for the . Other grants are available for post-fire work and assistance to affected communities.
Federal funding for wildfire disasters is in line with the government aid states receive for natural disasters such as hurricanes, and can sometimes become snarled in political score-settling. found that the Trump administration delayed $20 billion in disaster aid to Puerto Rico after Hurricane Maria in 2017.
The Delta water wars
Trump鈥檚 reelection has unnerved environmental groups that are watching over the Sacramento-San Joaquin River Delta and its imperiled fish. At stake are the state鈥檚 massive projects that bring Northern California water south to farmers and cities.
In 2016, Trump famously by allowing its major rivers to reach the ocean. More recently, at a September campaign speech in Rancho Palos Verdes, Trump said he will increase the amount of water these projects deliver, promising Southern Californians 鈥渕ore water than almost anybody has.鈥�
鈥淭he farmers up north are going to be able to use 100% of their land, not 1% of their land, and the water is going to come all the way down to Los Angeles,鈥� he said before voicing his well-known contempt of the Delta smelt, a fish nearly extinct in spite of desperate campaigns to save it.
, jointly developed by the U.S. Bureau of Reclamation and the California Department of Water Resources, govern the operation of the Delta鈥檚 two massive water systems, limiting how much water can be pumped south.
But sources said Trump, upon taking office, could almost immediately bypass those rules to increase exports from the Delta. He could issue an executive order, for instance, that ramps up pumping early next year, according to Ashley Overhouse, the California water policy advisor for Defenders of Wildlife.
Environmentalists fear this would have a variety of impacts on the Delta, such as killing more already threatened salmon and other fish at pumping facilities.
Also possible are rollbacks of protections provided by the U.S. Endangered Species Act and the Clean Water Act, appointment of an industry-friendly staff and cabinet, and new federal legislation aimed at storing and exporting more water.
鈥淎n administration led by President-elect Trump will push a legislative and regulatory agenda that is designed to dismantle bedrock conservation laws, destroying the wildlife and habitat that we advocate for,鈥� Overhouse said.
鈥淭he farmers up north are going to be able to use 100% of their land, not 1% of their land, and the water is going to come all the way down to Los Angeles.鈥�President-elect Donald Trump
A House of Representatives , for example, with a push to enlarge Lake Shasta, the infrastructural headwaters of the Central Valley Project, which sends water south to farmers. This would and could violate the state and federal Wild and Scenic Rivers acts.
The pending bill 鈥� which sources expect Trump will sign if it reaches his desk 鈥� would also to curtail water deliveries to protect fish, and it would to San Joaquin Valley farmers in drought years, when fish often face lethal river conditions.
Jon Rosenfield, science director at San Francisco Baykeeper, said Trump鈥檚 allegiance to 鈥渋ndustrial agriculture that exports nuts and hay across the globe鈥� will mean less cold water for spawning salmon, which already are in dire shape. He said the Sacramento River鈥檚 are poised to be a casualty of Trump鈥檚 agenda.
Trump鈥檚 vow to deliver more water to farmers south of the Delta has gained him strong support from one of California鈥檚 biggest industries.
鈥淎n administration led by President-elect Trump will push a legislative and regulatory agenda that is designed to dismantle bedrock conservation laws, destroying the wildlife and habitat that we advocate for.鈥�Ashley Overhouse, Defenders of Wildlife
San Joaquin Valley farmer anticipates with Trump鈥檚 reelection a better outcome for growers than might have materialized under Kamala Harris. She said water insecurity has plagued the region鈥檚 environment, farms and communities 鈥� an issue she feels Harris did not adequately address in her campaign.
鈥淭rump has vocalized his understanding and concern about water in California and agriculture, and I think that鈥檚 critically important as a solution to the problems,鈥� she said.
Allison Febbo, general manager of the Westlands Water District 鈥� a major recipient of federal Delta exports for growers 鈥� congratulated the Republican candidate in a statement.
鈥淧resident-elect Trump has made California water a central part of his policy platform and we look forward to working with his Administration on water security and affordability issues that plague our state and region,鈥� Febbo said.
California鈥檚 clean cars and trucks聽
California has embarked on a : A phaseout of new sales of gasoline-powered cars, requiring all new cars sold in California beginning with 2035 models to be zero-emissions. The mandate is a cornerstone of the state鈥檚 efforts to clean its air and combat climate change.
What鈥檚 more, other states have followed California鈥檚 stricter rules, making the state a nationwide leader on climate policy. Eleven states and Washington, D.C., for instance, are California鈥檚 phaseout of gas-powered cars.
The new Trump administration, however, probably will try to block California鈥檚 rules to reduce emissions from cars and other vehicles.
At a campaign event in Michigan last month, Trump said no state would be allowed to , telling a rally, 鈥淚 guarantee it 鈥� no way,鈥� according to Reuters. He also has repeatedly taken aim at Biden administration pollution rules that . And during his last go-around as president, Trump tried California鈥檚 authority to set stricter vehicle emissions rules.
How successful the second Trump administration will be in rolling back California鈥檚 clean air initiatives is uncertain, given that the state鈥檚 ability to set its own standards is rooted in longstanding federal law, the Clean Air Act.
Also, electric cars have increasingly become a big part of auto sales in California and nationwide, and nearly all automakers already are selling them, so they have less incentive to support rollbacks of rules.
Congress in 1967 gave California the authority to set its own standards for cars and other vehicles. For , this ability has been the main driving force behind California鈥檚 success in cleaning up its severe smog and other air pollution.
But there is a catch: Each of California鈥檚 emission standards must be granted a waiver from the U.S. Environmental Protection Agency before it can take effect.
The EPA has not yet approved waivers for , including its landmark zero-emission car rule. Others require cleaner trucks, locomotives, commercial ships and off-road diesel vehicles like tractors and construction equipment. The most controversial one .
Trump鈥檚 EPA is expected to deny or try to revoke all of the waivers that California is seeking to enforce its clean air standards. But Congress wrote about when EPA can reject them: The federal agency can only reject California mandates if they are 鈥渁rbitrary or capricious,鈥� if the state doesn鈥檛 need them to clean its severe air pollution, or if they are inconsistent with federal law because there is 鈥渋nadequate lead time鈥� for manufacturers to develop electric cars or other technologies at a reasonable cost.
鈥淵ou can鈥檛 just deny it because you don鈥檛 like it. California has this authority and the Clean Air Act specifies how EPA is supposed to review the waiver and what it鈥檚 supposed to consider in granting or denying the waiver,鈥� said Carlson of the Emmett Institute on Climate Change and the Environment.
An EPA spokesperson said the agency is 鈥渞eviewing the (California waiver) requests closely to make sure its decisions are durable and grounded in the law.鈥�
California officials said they would vigorously defend their electric car and truck rules in court.
鈥淲e expect pushback from the Trump administration, so we鈥檒l see what he does and how he does it, and we will push back legally,鈥� Attorney General Rob Bonta said at a press conference on Thursday.
The air board has six decades of history on its side: 鈥淣o waiver has ever been revoked and the one previous denial was quickly reversed鈥� by the EPA, according to the . A board spokesperson declined to comment about the new Trump administration.
Mary Nichols, former chair of the air board under Newsom and former Govs. Arnold Schwarzenegger and Jerry Brown, said the state has weathered opposition from presidents in the past, including clashes with the Bush and Trump administrations. Neither impeded the state鈥檚 progress in combating air pollution and climate change, she said.
鈥淭o the extent that the new incoming administration鈥� tries to dismantle these programs, I think they鈥檙e going to face some strong opposition,鈥� Nichols said.
Nichols said the auto industry, despite some pushback and reluctance about deadlines and details, has come to respect California鈥檚 regulatory approach and sign on to new standards.
When the Trump administration attempted to roll back California鈥檚 standards, many major automakers chose to negotiate with the state instead to avoid the uncertainty. The state in 2020 with BMW, Ford, Honda, Volkswagen Group of America and Volvo, which agreed to follow the state鈥檚 standards through 2026 regardless of what the federal government did.
But these agreements leave open to challenge the state鈥檚 requirements after 2026 鈥� including its landmark mandate for 100% zero-emission car sales in 2035.
Last year, agreed to comply with the state鈥檚 zero-emission car sales requirements through 2030, even if California is 鈥渦nable to enforce its standards as a result of judicial or federal action.鈥�
鈥淭o the extent that the new incoming administration鈥� tries to dismantle these programs, I think they鈥檙e going to face some strong opposition.鈥�Mary Nichols, former chair of the California Air Resources Board
Paul Nolette, a professor of political science at Marquette University who has studied how attorneys general shape policies through litigation, said California might not only challenge federal rollbacks but also work directly with industries to agree on emission standards.
For example, California could negotiate more agreements with automakers, bypassing federal regulations. This approach, modeled after settlements in industries like tobacco and banking, could set a powerful precedent, allowing California to push its environmental agenda even without federal support.
The state鈥檚 large economy gives it considerable influence as manufacturers and corporations can鈥檛 afford to ignore California鈥檚 car and truck market.
Congress could try to repeal the Clean Air Act to remove California鈥檚 long-standing authority. But even with a Republican majority, Congress would likely face many obstacles, especially with potential filibustering by Democrats. Previous efforts in Congress to scale back the Clean Air Act have failed since many states support strong efforts to combat air pollution. If California鈥檚 authority comes under fire, Nolette expects legal battles to reach the conservative-leaning Supreme Court.
California doesn鈥檛 have much choice when it comes to cleaning its air. If California doesn鈥檛 have specific plans and rules to meet national health standards for smog and soot, the state faces federal sanctions 鈥� withholding of federal highway funds. Carlson said that 鈥渕akes the Trump effort to deny the waivers actually legally vulnerable 鈥� .The court is bound by what the law says.鈥�
California has 鈥渢o regulate cars and trucks and other equipment if we鈥檙e supposed to meet our air quality standards,鈥� said Paul Cort, an attorney with EarthJustice. 鈥淯ntil that changes, I think folks just keep moving forward.鈥�
Another potential challenge could come from Congress if Republicans retain control of the U.S. House of Representatives. The Congressional Review Act allows Congress to revoke federal rules approved during a certain timeframe at the end of an administration. Legal experts, however, debate whether that law would apply to EPA actions related to California鈥檚 clean-air waivers.
California鈥檚 offshore wind projects
The offshore wind industry could be a Day One casualty if Trump makes good on his promise to sign an executive order to 鈥渆nd鈥� the offshore wind industry.
He cannot do that with the stroke of a pen. But as president, Trump can deeply wound this next-generation renewable energy source by cutting off funding just as it鈥檚 gaining a foothold in the U.S.
California鈥檚 offshore wind plans rely on a federal policy that offers billions in grants, subsidies and tax incentives.
, which bob in the deep ocean as much as 20 miles from shore, are still not common in U.S. waters. But the technology is well on its way to being deployed in California, which counts on the clean energy source to meet its goals to scrub fossil fuels from the electric grid.
The envisions offshore wind farms producing 25 gigawatts of electricity by 2045, powering 25 million homes and providing about 13% of the power supply.
have already paid the U.S. Treasury $757 million to lease tracts in the ocean off Humboldt County and Morro Bay. Energy produced in the Pacific would be part of a of 15 gigawatts of ocean wind power by 2035.
The Biden administration calls the rush to develop this new energy frontier the 鈥淔loating Offshore Wind Shot.鈥� But harnessing that power could end up more of a long shot if Trump pulls back federal support.
The industry, which is largely Europe-based, has kept a keen eye on Washington, D.C. politics 鈥� cheering when the bipartisan passed, freeing up federal money, including $100 million for transmission development and a 30% tax credit.
In the wake of Trump鈥檚 election victory this week, stock in some offshore wind companies dropped.
鈥淧resident Trump, in his first term, took a while to understand and exercise the reins of power. I expect that his administration will get off to a faster start this time with a more organized agenda.鈥�Ron Stork, Friends of the River
, but much of the tax breaks have already been claimed and the construction jobs, manufacturing and supply chain development will take place in districts that Republican lawmakers might want to protect.
Trump has long carried a grievance against offshore wind turbines, a dislike that may have begun with turbines that the former president said spoiled the seaward view from his golf club in Scotland. He has repeated, many times over the years and at recent campaign rallies, the unsubstantiated claims that wind farms cause cancer and environmental damage.
鈥淭hey destroy everything, they鈥檙e horrible, the most expensive energy there is,鈥� . 鈥淭hey ruin the environment, they kill the birds, they kill the whales.鈥� (Scientists say there is no evidence that offshore wind projects kill whales.)
Floating offshore wind is at a critical inflection point. Wind developers say they need certainty from state and federal partners that environmental policies will remain in place to reassure investors.
That鈥檚 no problem in California, they say, where state officials have sent strong signals of support, backed by billions in investments to build power transmission and ports. The industry got a $475 million injection for port infrastructure from just-passed .
鈥淚n the next few years much of the work that needs to be done to advance offshore wind will focus on state activities,鈥� said Adam Stern, executive director of the industry group Offshore Wind California.
While the federal scaffolding to support the industry is already in place, Stern said, there鈥檚 no guarantee that support will remain.
鈥淎s an industry we want to work with the new administration to help strengthen the state鈥檚 grid reliability, continue to achieve energy independence and create new jobs,鈥� he said. 鈥淭hose issues ought to appeal to both Republicans and Democrats.鈥�
When it comes to all environmental programs and policies, experts and environmentalists say Trump鈥檚 first term in the White House inflicted some damage, but they fear the second coming of Trump could be worse for California.
鈥淧resident Trump, in his first term, took a while to understand and exercise the reins of power,鈥� said Ron Stork, a senior policy staffer with Friends of the River. 鈥淚 expect that his administration will get off to a faster start this time with a more organized agenda. They鈥檒l be able to hit the ground running.鈥�
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