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Key Takeaways:
- On May 22, the U.S. Senate approved three joint resolutions that invalidate California’s authority to establish emissions standards for passenger cars, light-duty vehicles, and trucks that exceed the national standards set by the U.S. Environmental Protection Agency.
- Lobbyists from the auto and petroleum industries have focused on California’s Advanced Clean Car II regulations, enacted in 2022, which mandate that all new passenger vehicles, trucks, and SUVs sold in the state must be zero-emission by the 2035 model year. Federal law from 1990 permits 17 additional states and Washington, D.C. to adopt California’s regulations.
- California Governor Gavin Newsom, a Democrat, declared the state’s plan to file a lawsuit to contest the congressional resolutions, which require President Donald Trump’s signature to become law.
Analysis:
California’s authority to set its own vehicle emissions standards originates from the 1967 Air Quality Act, established during a time when the Los Angeles basin faced severe smog and air quality issues. Although air quality in California has improved over the decades, experts worry that the Senate’s decision could reverse this progress.
“Public health could be adversely affected as a result,” expressed Michael Kleeman, a professor at the University of California, Davis, in the Department of Civil and Environmental Engineering.
“This is simply a vote against clean air,” stated Aaron Kressig, transportation electrification manager at Western Resource Advocates, in an email. He cautioned about potential lost days of school or work and increased premature mortality.
“Over 150 million individuals in the U.S. are already exposed to harmful levels of air pollution,” remarked Steven Higashide, director of the Clean Transportation Program at the Union of Concerned Scientists, in an email. “These standards are based on the best available science and were finalized with considerable public involvement.”
In addition to public health implications, the discussion around California’s emissions waivers encompasses policy debates, resistance from the auto and petroleum industries, and discussions about states’ rights.
Republicans contend that California has overstepped its authority.
“The California waivers are an inappropriate expansion of a limited Clean Air Act authority and could jeopardize consumers, our economy, and our nation’s energy supply,” asserted Republican Senator John Thune of South Dakota on May 20 during the Senate session.
Industry critics of the emission waivers praised the Senate’s decision. “The reality is these EV sales mandates were never feasible,” said John Bozzella, president and CEO of the Alliance for Automotive Innovation, an auto industry lobbying organization, in a statement. He pointed out the primary concern for automakers: “The issue isn’t California itself; it’s the 11 states that adopted California’s regulations without being adequately prepared for such significant EV sales requirements.”
Leaders from the petroleum industry commented on May 23 with a joint statement. “The United States Senate has achieved a victory for American consumers, manufacturers, and U.S. energy security by voting to nullify the previous administration’s EPA rule that authorized California’s gas car ban and halted its potential spread across our nation,” stated Chet Thompson, President and CEO of American Fuel & Petrochemical Manufacturers, along with Mike Sommers, President and CEO of the American Petroleum Institute.
On May 23, California and ten other states formed a coalition to promote cleaner and more affordable vehicles, as announced by Newsom. Led by the U.S. Climate Alliance, a bipartisan group of 24 governors, the Affordable Clean Cars Coalition stated in a news release that it would “evaluate next steps for our clean vehicle programs” and work to uphold states’ rights under the Clean Air Act. Participating states include California, Colorado, Delaware, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
“States possess the legal authority under the Clean Air Act to protect their residents from vehicle pollution,” stated Patrick Drupp, Sierra Club Climate Policy Director, in an email.
