Trump administration moves to overturn California’s Clean Air Act waivers

• The Trump administration is moving to overturn California’s Clean Air Act waivers. The waivers allow the state to set stricter emissions standards than federal requirements.
• The EPA has sent three of these waivers, Advanced Clean Cars II, Advanced Clean Trucks and Omnibus nitrous oxide rules, for congressional review.
• Congress has 60 days to review the waivers and can pass a joint resolution to invalidate them, which would prevent future administrations from reinstating similar rules without congressional approval.

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The Trump administration is taking steps to reverse California’s Clean Air Act waivers. The waivers allow California to implement stricter emissions standards than federal requirements.

Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that three of these waivers have now been sent for congressional review. He added these regulations not only contribute to higher vehicle costs but also increase prices of transported goods. He also claimed it raises the overall cost of living for American families.

“Congress will have the opportunity, through the Congressional Review Act, to make that waiver go away,” Zeldin said. “The American people are struggling to make ends meet while dealing with rules that take away their ability to choose a safe and affordable vehicle for their families. As an agency, we are accountable to Congress, but most importantly we must be accountable to the American people.”

What do California’s emissions standards entail?

The California waivers being sent to Congress for review include Advanced Clean Cars II, Advanced Clean Trucks and Omnibus NO_x (nitrous oxide) rules. The three measures collectively mandate that, by 2035, all new passenger vehicle sales, 40% of semi-tractor sales and 75% of all other truck classes be zero-emission models.

Additional rules require heavy-duty trucks to cut emissions 90% below current standards by 2027, extend engine warranties and undergo revamped testing procedures.

These regulations have been adopted by 12 other states and Washington, D.C. The regulations cover nearly half of America’s new light-duty vehicle market and over a quarter of its heavy-duty vehicle market.

A separate waiver request that would have required large trucking companies and drayage operations to transition to zero-emission vehicles between 2035 and 2042 was rescinded following President Donald Trump’s election.

Why are these waivers being sent for congressional review?

Former EPA Administrator Michael Regan, who led the agency under President Joe Biden, previously defended the waivers. He said they were crucial for reducing pollution and addressing climate change.

However, Zeldin said his agency is sending the waivers to Congress because Biden didn’t when they were first enacted. Zeldin argued that the Biden administration failed to follow legal procedures.

“The prior Biden-Harris EPA issued a waiver to California for tailpipe emissions. This was a rule that should have been submitted to Congress. We will submit it to Congress,” Zeldin said. “The Biden Administration failed to send rules on California’s waivers to Congress, preventing Members of Congress from deciding on extremely consequential actions that have massive impacts and costs across the entire United States. The Trump EPA is transparently correcting this wrong and rightly following the rule of law.”

Did Biden’s EPA break the law by not sending Congress the waivers?

The Biden administration may not have been required to submit these waivers for congressional approval. A report from the Congressional Research Service in August 2024 concluded that Clean Air Act waivers are considered adjudicatory orders rather than outright rules. That means the waivers are exempt from the Congressional Review Act.

Additionally, a 2023 Government Accountability Office opinion reaffirmed that waivers granted by the EPA to California are not subject to review under the Congressional Review Act. Nonetheless, lawmakers still have the authority to examine such decisions through hearings, reports and legislative action.

What happens next?

Congress now has a 60-day period to review California’s emissions standards. During this time, lawmakers may pass a joint resolution of disapproval to invalidate the waivers. If there are enough votes to reverse the waivers, a future administration would be unable to reinstate them.

Once a rule is overturned through the Congressional Review Act, a government agency cannot implement the same or a similar rule. However, this can be changed if Congress enacts new legislation authorizing it.