EPA grants California waiver to ban sales of new gas-powered cars by 2035

By: Eliot Pierce

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California’s request to enforce vehicle emissions requirements more stringent than federal regulations, including the state’s ban on the sale of new gasoline-powered vehicles, was approved by the U.S. Environmental Protection Agency on Wednesday.

In order to fully enforce its rule mandating that all new automobile sales be zero-emission by 2035 and a second rule reducing emissions criteria for heavy-duty trucks and off-road vehicles, the EPA granted the California Air Resources Board two exceptions.

Interim quotas for zero-emission vehicles would also be established by the more stringent regulations. 35% of new cars, SUVs, and compact pickups sold in California would have to be zero-emission vehicles starting with 2026 models, with quotas rising annually until 2035.

20% of zero-emission vehicles sold might be plug-in hybrids according to the quotas. Used cars and trucks would not be impacted by the regulations, so they may continue to be driven.

Other states are considering enacting a ban on gas-powered vehicles, following California’s example of more stringent pollution regulations.

Trump administration seeks to block California rules

The Trump administration is likely to immediately challenge California’s stringent emission regulations. As his first administration did in 2019 when it revoked the state’s EPA waiver, President-elect Donald Trump has pledged to prevent the state from establishing its own pollution regulations. California and twenty-two other states sued the administration over the action, but the lawsuit was dropped when President Joe Biden assumed office and undid the Trump administration’s policy.

“Clean automobiles will not go away. In a prepared statement, California Governor Gavin Newsom said, “The Biden-Harris Administration reaffirmed what we’ve known for decades: California can rise to the challenge of protecting our people by cleaning our air and cutting pollution.” “Naysayers like President-elect Trump would prefer to side with the oil industry over consumers and American automakers, but California will continue fostering new innovations in the market.”

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Newsom declared last month that if the incoming Trump administration fulfills its pledge to do away with the $7,500 federal tax credit, the state would renew its electric vehicle rebate program.

A number of court challenges are likely to follow the Trump administration’s attempts to halt California’s pollution limits, which could cause any action to be delayed.

The U.S. Supreme Court consented to hear a limited case last week on the oil and gas industry’s standing to challenge California’s tailpipe emission regulations.

California’s battle to cut pollution levels

According to the EPA’s study, opponents failed to demonstrate how each program violates the federal Clean Air Act, thus the agency granted California’s waiver petitions.

“California has longstanding authority to request waivers from EPA to protect its residents from dangerous air pollution coming from mobile sources like cars and trucks,” said EPA Administrator Michael S. Regan in a statement. “Today’s actions follow through on EPA’s commitment to partner with states to reduce emissions and act on the threat of climate change.”

California established the country’s first tailpipe emissions standards in 1966 and is the only state eligible for a waiver to the federal Clean Air Act of 1970, giving the EPA the authority to regulate pollution nationwide. Adoption of California’s requirements by other states is also permitted by the Clean Air Act. California has received more than 75 waivers from the EPA for its automobile emissions program since the Clean Air Act was created.

California’s current pollution regulations have been embraced by major automakers, including Ford, Honda, BMW, Stellantis, and Volkswagen. Newsom said in a press release Wednesday that millions of Californians and other Americans have already switched to clean vehicles and more than two million zero-emission vehicles have been sold in the state.

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Industry group Alliance for Automotive Innovation, which has consistently spoken out against California’s stricter emission rules, said Wednesday it expects President-elect Trump to revoke the waiver in 2025.

“We’ve said the country should have a single, national standard to reduce carbon in transportation, but the question about the general authority of California to establish a vehicle emissions program and for other states tofollowthat program is ultimately something for policymakers and the courts to sort out,” the organizations stated in a press release.

Environmental groups hail EPA decision on California emissions

The advocacy group Earthjustice said the EPA’s decision would mean cars in the state would largely be zero-emission by the 2050s and the rule on heavy-duty truck emissions would “deliver critical health benefits to people affected by the worst polluters on the roads: large diesel trucks.”

“This might read like checking a bureaucratic box, but EPA’s approval is a critical step forward in protecting our lungs from pollution and our wallets from the expenses of combustion fuels,” said Earthjustice director of Right To Zero campaign Part Cortin a press release. “The gradual shift in car sales to zero-emissions models will cut smog and household costs while growing California’s clean energy workforce. Cutting truck pollution will help clear our skies of smog.”

The National Resources Defense Council said in a press release that Congress has long recognized the state’s ability to set stronger emissions standards which has help California spur innovation and save lives.

“These waivers allow California – and states that chose to align with it – to curb the pollution spewing from tailpipes and address the impacts of the climate crisis,” said NRDC director of clean vehicles Kathy Harris. “California decided that transitioning to cleaner and zero-emission vehicles is the best way to address the unique burdens it faces. This is exactly how our system of federalism should work. If other states don’t like California’s approach, they don’t need to follow it. But no one should object to the longstanding authority of states to act to protect their residents.”

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