California filed a lawsuit in federal court on Monday against the Environmental Protection Agency's (EPA) move to subject the state's vehicle emission waivers to congressional review. The legal battle is seen as the beginning of a process that could determine California's decades-long influence on the American auto market.
The lawsuit, filed by California Attorney General Rob Bonta, challenges the EPA's decision earlier this month to submit four California emission waivers to Congress under the Congressional Review Act (CRA), which allows Congress to overturn certain federal regulations. The EPA declined to comment on the lawsuit.
In its announcement earlier this month, the EPA argued that it is "committed to promoting consumer choice and providing affordable vehicles for all Americans, while also following the most accurate interpretation of the law."
California's Authority Challenge
The California administration argues that the EPA's move threatens the state's authority to set vehicle emission standards stricter than federal standards under the Clean Air Act. The state also notes that many other states have adopted California's emission standards over the years, thus extending its influence beyond its borders.
At the center of the dispute is the EPA's submission of four California waivers covering vehicle emissions and lawn and garden equipment to Congress for review under the Congressional Review Act. California alleges that the EPA is attempting to convert agency decisions historically considered waivers into regulations that Congress can repeal.
The lawsuit states: "No agency has the power to wave a magic wand to convert a saving order into a rule, especially without a public process where the agency acknowledges and explains its change in position."
Environmental Policy War with Trump
This legal battle is the latest conflict between California and the Trump administration over environmental policy and vehicle emission regulations. Last year, Trump and Republicans in Congress used the Congressional Review Act to repeal California's electric vehicle sales mandates and diesel engine rules. California later challenged those actions in court.
The outcome of the latest lawsuit could have consequences beyond California. The case has the potential to determine whether Congress can more easily overturn environmental policies through the CRA and whether California can continue to use federal waivers to shape emission standards adopted by other states.