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California prepares to sue feds after Senate revokes the state's EV rule | TechCrunch

May 23, 2025 - techcrunch.com
California is preparing to sue the federal government to reclaim its right to set vehicle emissions standards after Senate Republicans voted to overturn a waiver allowing the state to enforce stricter air pollution standards. This waiver, which California has received over 100 times in the past 50 years, is crucial for the state’s efforts to mandate zero-emissions vehicles by 2035. California Attorney General Rob Bonta criticized the use of the Congressional Review Act to revoke the waiver, calling it a partisan attack on the state’s environmental policies. Sixteen other states and the District of Columbia follow California's emissions standards, many of which have also implemented fossil fuel vehicle phase-outs.

The Senate vote defied the advice of the Senate parliamentarian and the Government Accountability Office, both of which stated that the waiver could not be revoked under the Congressional Review Act. California's zero-emissions vehicle (ZEV) mandate, which requires 35% of new sales to be ZEV by 2026, has been met with resistance from automakers who claim it is "impossible" to achieve. Despite this, California saw a rise in ZEV sales from 7.8% in 2020 to 25% in 2023, although growth was flat in 2024. The state's mandate primarily supports battery electric vehicles due to challenges with hydrogen fuel cells and filling networks.

Key takeaways:

  • California is preparing to sue the federal government to recover its right to set vehicle emissions standards after Senate Republicans voted to overturn a waiver allowing stricter standards.
  • The Congressional Review Act was used to repeal California's waivers, despite advice from the Senate parliamentarian and the Government Accountability Office that it could not be revoked under the CRA.
  • California's zero-emissions vehicle mandate aims for 35% of new sales to be zero-emissions by 2026, with a goal of 100% by 2035, primarily through battery electric vehicles.
  • Rob Bonta, California's attorney general, criticized the use of the Congressional Review Act as a partisan attack and stated the state is prepared to defend its emissions standards.
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