California to Sue Federal Government Over EV Rule Revocation

California to Challenge Federal Government Over Vehicle Emissions

The state of California is preparing legal action against the federal government to regain its authority to establish its own vehicle emissions standards. This announcement was made by California Attorney General Rob Bonta in a statement to TechCrunch.

Congressional Action and Historical Waivers

On Thursday, Senate Republicans voted 51 to 44 to nullify a waiver that had previously permitted California to enforce more stringent air pollution regulations for vehicles. For approximately 50 years, waivers granting this right have been issued to the state over 100 times.

Attorney General Bonta's Response

Bonta characterized the use of the Congressional Review Act as a politically motivated attempt to undermine California’s environmental protection efforts. He stated that this misuse of the Act is unlawful and that the state will actively defend its rights.

Impact on Other States

Sixteen additional states, along with the District of Columbia, currently adhere to California’s emissions standards. Many of these jurisdictions have already begun implementing plans to phase out vehicles powered by fossil fuels.

California's Zero-Emissions Vehicle Mandate

California’s mandate isn’t simply about electric vehicles; it’s a broader zero-emissions standard. The plan initially called for a gradual increase in the sales of zero-emission cars and light-duty trucks, culminating in a complete transition to zero-emission vehicle sales by 2035.

Qualifying Technologies

Currently, only two technologies meet the criteria for zero-emission status: battery electric vehicles and hydrogen fuel cells. However, due to challenges in the development of hydrogen infrastructure and fuel cell technology, battery EVs have become the primary means of achieving California’s 2035 goal.

Recent ZEV Sales Figures

In the past year, 25.3% of all new light-duty vehicles sold in California were zero-emission, with the vast majority being electric vehicles. The state’s mandate requires 35% of new vehicle sales to be ZEVs by 2026, a target automakers have deemed unachievable.

ZEV Sales Growth Trends

While ZEV sales growth in California stalled in 2024, prior years demonstrated significant increases, rising from 7.8% in 2020 to 25% in 2023.

Controversial Senate Vote

The Senate’s decision on Thursday defied the recommendations of both the Senate parliamentarian and the Government Accountability Office. Both entities had previously determined that the waiver could not be revoked using the Congressional Review Act. The CRA allows for a simple majority vote to overturn regulations, bypassing the possibility of a filibuster.

Prior Preparation for Legal Challenge

Attorney General Bonta had previously indicated his readiness to counter Republican attempts to repeal the emissions waiver through the CRA. He expressed his belief that the Act was not being used appropriately and affirmed the state’s willingness to defend itself against any unlawful actions.

Update

This article has been updated to include the news regarding California’s preparation to file a lawsuit against the federal government. The update was made at 7:37 a.m. Pacific Time.