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In March 2022, the US Environmental Protection Agency (EPA) reinstated the California emissions waiver for the Clean Air Act. The waiver allows states to set and regulate their own vehicle emission standards and regulations that are more stringent than federal standards. Many states are unhappy about it, and have filed lawsuits against the EPA because of it.
Attorney Generals in 17 states were part of the lawsuit, claiming California’s waiver violated the principle of equal sovereignty of the US Constitution. The argument is that, by allowing California to set stricter standards, the state ends up regulating “major national industries” because companies will conform to those standards rather than federal standards.
Based on Automotive News, the federal lawsuit was led by Ohio Attorney General Dave Yost. Other states involved include Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, and West Virginia.
The Clean Air Act was enacted in 1963 to establish air quality laws. It has seen many changes over the decades, with specific language regarding motor vehicles emerging in 1965. Vehicle exhaust emission testing began in 1972, using a driving cycle simulating rush hour traffic in Los Angeles. In 2013, California was issued a waiver allowing the state to enforce its standards. Other states have the option of adopting the California standard.
In 2019, the waiver was lifted and other states were blocked from adopting the California standard, whether they wanted to or not. In addition to reinstating waivers, the March 2022 reversal also restores states’ ability to vote. Automotive News reports that at this time, the EPA has no comment on the lawsuit.
California strives for all new vehicle sales to be zero-emissions by 2035. In April, the California Air Resources Board (CARB) proposed that 35 percent of passenger car sales be zero-emissions by 2026. That would jump to 68 percent for 2030. , leading to 100 percent for 2035.
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