California Gears Up to Sue Federal Government After Senate Revokes EV Rule

California is preparing to sue the federal government to defend its right to set its own vehicle emissions standards, according to a statement from Attorney General Rob Bonta to TechCrunch. This action comes after Senate Republicans voted 51 to 44 to overturn a waiver that has historically allowed California to implement stricter air pollution standards for vehicles.

The state has utilized such waivers over 100 times since federal laws first granted this right approximately 50 years ago. The recent Senate vote challenges California’s ability to enforce its own environmental regulations, particularly concerning zero-emission vehicle mandates.

“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. He further asserted, “As we have said before, this reckless misuse of the Congressional Review Act is unlawful, and California will not stand idly by.”

Sixteen other states and the District of Columbia currently adhere to California’s emissions standards, with many having already initiated phase-outs of fossil fuel vehicles. The Senate’s recent actions also included repealing waivers that permitted California to set stricter emissions standards for medium- and heavy-duty vehicles.

California’s EV mandate, officially a zero-emissions standard, was set to begin in 2026, requiring increased sales of zero-emissions cars and passenger trucks, culminating in a complete transition to zero-emissions vehicles by 2035. This standard primarily focuses on battery electric vehicles, given the challenges in expanding hydrogen fuel cell technology and infrastructure.

In the past year, 25.3% of new light-duty vehicles sold in California were zero-emission vehicles (ZEVs), predominantly EVs. However, the state’s mandate requires 35% of new sales to be ZEVs by 2026, a target some automakers have deemed “impossible.” Despite previous years showing growth in ZEV sales, 2024 saw a flattening of this trend.

The Senate vote to repeal the waiver occurred despite advice from both the Senate parliamentarian and the Government Accountability Office, which suggested the waiver could not be revoked under the Congressional Review Act (CRA). The CRA typically allows a simple majority vote to overturn a regulation, bypassing the threat of a filibuster.

Attorney General Bonta had previously indicated his readiness to challenge any attempts to repeal the emissions waiver, stating, “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,” in an interview with Politico earlier this year.