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Trump poised to gut California’s 55-year emissions authority: Lawsuit Incoming

Jacob Shelton May 27, 2025

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TOPSHOT - US President Donald Trump visits the US-Mexico border fence in Otay Mesa, California on September 18, 2019. (Photo by Nicholas KAMM / AFP) (Photo credit should read NICHOLAS KAMM/AFP via Getty Images)

Sacramento, California – In a sweeping rebuke of California’s environmental authority, Congress has passed a set of resolutions aimed at revoking the state’s power to set its own vehicle emissions standards—an aggressive move that tees up a high-stakes legal battle with major implications for U.S. climate policy.

The trio of resolutions, which now head to President Donald Trump’s desk, target California’s nation-leading clean vehicle rules, including a mandate requiring all new cars sold by 2035 to be zero-emission. The measures also nullify rules targeting heavy-duty truck emissions and requiring increased sales of zero-emission commercial vehicles. President Trump is expected to sign the resolutions in the coming weeks.

If enacted, the move would upend a decades-old legal framework that has allowed California, under a Clean Air Act waiver, to enforce stricter vehicle emissions standards than the federal government—a power originally granted under President Richard Nixon to combat the state’s severe air pollution. Over time, this authority has become central to California’s broader climate strategy and has been adopted by 11 other states seeking to follow its lead.

“The federal government’s overreach is illogical,” said California Attorney General Rob Bonta at a press conference Thursday. “It’s politically motivated, and it comes at the expense of Californians’ lives and livelihoods.”

Bonta and Governor Gavin Newsom have pledged to sue the federal government once the resolutions are signed into law. Bonta declined to outline specific legal strategies but noted that precedent overwhelmingly supports California’s position. “The fact that the Senate parliamentarian and the Government Accountability Office both said the Congressional Review Act shouldn’t apply here tells you everything,” Bonta said.

The Senate voted 51-44 on Thursday to overturn the Biden administration’s waivers approving the California rules, after Republicans pushed past objections from the Senate parliamentarian and broke a longstanding interpretation of the Congressional Review Act. Only one Democrat, Michigan Senator Elissa Slotkin, joined Republicans in the vote.

Critics of California’s policy argue that its strict standards effectively impose a nationwide electric vehicle mandate, given the number of states that adopt its rules and the scale of California’s auto market. But supporters say the state’s authority is a critical bulwark against federal backsliding on environmental protection.

This isn’t the first time Republicans have attempted to dismantle California’s emissions authority—prior efforts under the Trump administration were pursued through regulatory rollbacks. This time, the attack is legislative and more sweeping.

California officials say they saw the move coming and are prepared. “We believe in our case,” Bonta said. “We’re ready for this fight.”

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