The Biden administration today approved California鈥檚 phasing out new gas-powered cars just weeks before the incoming Trump administration poses a threat of overturning electric vehicle and climate rules.
The granting of the waiver by the U.S. Environmental Protection Agency allows California to move forward in requiring . Nearly all zero-emission cars are powered by electricity.
The EPA also today gave the go-ahead to a 2020 California regulation requiring 鈥� a key ingredient of smog 鈥� emitted by heavy-duty trucks and buses.
The Trump administration is likely to challenge the approved waivers through the courts and deny other California vehicle standards yet to be greenlit.
At a campaign event in Michigan earlier this year, Trump the possibility of any state banning new gas-powered cars, declaring, 鈥淚 guarantee it 鈥� no way.鈥�
鈥淭he American people re-elected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail, including stopping attacks on gas-powered cars. When he takes office, President Trump will support the auto industry, allowing space for both gas-powered cars AND electric vehicles,鈥� said Karoline Leavitt, Trump-Vance Transition spokesperson.
For longer than half a century, California鈥檚 vehicle emissions rules have been the driving force for dramatic improvements in the state鈥檚 air quality, especially in the smoggy Los Angeles basin and San Joaquin Valley. Cars, trucks and other vehicles are the biggest sources of smog-forming gases and soot, which cause asthma and heart attacks and other serious respiratory problems.
鈥淐alifornia has longstanding authority to request waivers from EPA to protect its residents from dangerous air pollution coming from mobile sources like cars and trucks,鈥� EPA Administrator Michael S. Regan said in a statement. 鈥淭oday鈥檚 actions follow through on EPA鈥檚 commitment to partner with states to reduce emissions and act on the threat of climate change.鈥�
Ann Carlson, an environmental law professor at UCLA, said the decision to grant the waivers makes it much more difficult for the Trump administration to challenge them since they would have to try to reverse an agency decision, rather than deny a pending waiver. Nevertheless, a legal battle over the rules is likely, she said.
鈥淲e can expect, likely, a lot of legal wrangling ahead,鈥� Carlson said.
Congress granted California the authority to set its own vehicle emissions standards in a 1967 clean-air law. But each standard set by California requires a waiver from the EPA before it can be implemented.
鈥淐alifornia has longstanding authority to request waivers from EPA to protect its residents from dangerous air pollution coming from mobile sources like cars and trucks.鈥�EPA Administrator Michael S. Regan
Under the federal Clean Air Act, the EPA can only legally reject a waiver if it鈥檚 鈥渁rbitrary or capricious,鈥� unnecessary for addressing air pollution or technologically infeasible due to inadequate lead time.
None of California鈥檚 waivers has ever been successfully revoked. tried to revoke part of one waiver and tried to eliminate California鈥檚 authority to enact its own emissions and mileage rules for cars. But . The Biden administration鈥檚 EPA in 2022 granted the state a waiver for the earlier version of its zero-emission car rules, which triggered a
The stakes are high since the state鈥檚 air pollution ranks . Failure to meet federal health standards for smog and soot could result in economic sanctions, including the loss of highway funds.
鈥淭his might read like checking a bureaucratic box, but EPA鈥檚 approval is a critical step forward in protecting our lungs from pollution and our wallets from the expenses of combustion fuels,鈥� Paul Cort, an attorney with the environmental group Earthjustice, said in a statement. 鈥淭he gradual shift in car sales to zero-emissions models will cut smog and household costs while growing California鈥檚 clean energy workforce.鈥�
The Newsom administration has been pressing the EPA this year to approve all eight that still needed the agency鈥檚 go-ahead. Gov. Gavin Newsom last month to press the Biden administration to act before Donald Trump takes over the White House on Jan. 20.
鈥淐lean cars are here to stay,鈥� Newsom said in a statement. 鈥淎utomakers and manufacturers have made it clear they intend to stick with California and consumers as we move toward clean cars that save people money. Naysayers like President-elect Trump would prefer to side with the oil industry over consumers and American automakers, but California will continue fostering new innovations in the market.鈥�
Nevertheless, the transition to electrify transportation faces headwinds even in the Golden State. Electric car sales, once surging, have plateaued this year. Sales through the first nine months of this year were up only 1.2% over the same period last year, according to state data. That compares to a 56% increase in sales the previous year and 38% in 2022.
鈥淣ever mind that the technology isn鈥檛 there and the charging infrastructure is falling apart. Never mind that this isn鈥檛 practical in rural areas or that people can鈥檛 afford to pay even higher up-front costs for cars,鈥� said Assemblyman , a Republican from Chico. 鈥淣ewsom and his Democrat allies are all in on making life harder and more expensive for working Californians.鈥�
The November election has already influenced some decision-making at The California Air Resources Board, which enacts the state鈥檚 air pollution and climate rules. Earlier this month, the board at the last minute rule ramping up . That decision came in part due to Trump鈥檚 election, a person familiar with the board鈥檚 thinking said. The state will instead offer incentives for people to buy electric motorcycles.
The EPA still is considering six other , including ones that and require cleaner locomotives, commercial ships and off-road diesel vehicles like tractors and construction equipment. The most controversial are the regulations for trucks and locomotives.
鈥淲e urge EPA to approve California鈥檚 remaining outstanding waivers and authorizations for other lifesaving clean air programs, allowing states to continue their long-standing commitment to air quality and public health protection,鈥� said Harold Wimmer, president and CEO of the American Lung Association.
Last week, the U.S. Supreme Court decided to has the legal standing to try to overturn a lower court鈥檚 decision that allowed California to set low- and zero-car emission standards for model years 2015 through 2025.
American Fuel & Petrochemical Manufacturers, representing the oil industry, said today that the 鈥淓PA鈥檚 authorization of the California ban and California鈥檚 ban itself are unlawful.鈥�
The new waivers approved today will provide more opportunities for legal disputes in the Trump 2.0 era, and those battles could once again reach the conservative-leaning Supreme Court. The justices earlier this year with a 40-year-old judicial rule of thumb, known as 鈥淐hevron deference,鈥� which has been key for setting climate and environmental policy. The principle, rooted in a , obligated judges to yield to a federal agency鈥檚 interpretation when determining how a Congressional law should be applied.
Congress has passed little direct legislation on climate change and the EPA has relied on interpretations of older environmental laws, including the Clean Air Act.
Efforts to overturn California鈥檚 authority may also extend to Congress. The Congressional Review Act allows Congress to revoke federal rules approved during a certain timeframe at the end of an administration. Legal experts, however, actions related to California鈥檚 clean-air waivers.
Republicans may attempt to repeal the Clean Air Act provisions that empower California, but such efforts would likely encounter resistance, including potential Democratic filibusters. Historically, bipartisan support for combating air pollution has thwarted similar moves to alter the Clean Air Act.
California鈥檚 clean-car mandate is also central to its climate strategy and has helped make the state a national leader in climate policy, with , adopting or planning to adopt its zero-emission car sales mandate.
Automakers prefer a single national standard governing their vehicles鈥� emissions. But they also have worked closely with California officials for decades because of the state鈥檚 history, legal authority and economic influence. Many automakers, aware of California鈥檚 large market share, have opted to negotiate with the state rather than resist state standards. BMW, Ford, Honda, Volkswagen and Volvo agreed to adhere to California鈥檚 standards through 2026, irrespective of federal actions. pledged compliance with zero-emission car sales requirements through 2030, even in the face of federal or judicial opposition.
For 2026 models, 35% of sales in California must be zero emissions under the state rules; through September, they are only 25.4% of sales this year.
The phased-in mandate allows sales of new plug-in hybrids as well as battery-only cars, and the state says some gas-powered cars are expected to remain on California roads for more than 25 years.
Many obstacles stand in the way of electrifying cars, including the State officials estimate that California needs a million public charging stations in six years 鈥� almost 10 times more than the a year ago 鈥� and 2.1 million by 2035.
The Alliance for Automotive Innovation, an auto industry group, last week saying that it 鈥渨ill take a miracle鈥� for all of the states that follow California鈥檚 rules to reach 100% new zero-emission cars by 2035.
鈥淭here needs to be balance and some states should exit the program,鈥� John Bozzella, the group鈥檚 CEO, said.
鈥淎utomakers are producing electric vehicles鈥� but there鈥檚 a huge gap between these EV sales mandates and a customer鈥檚 reasonable expectation they can still choose what kind of vehicle to drive.鈥�