The US Environmental Protection Agency (EPA) has approved California’s request to ban the sale of new gasoline-powered vehicles by 2035.
This decision, announced on Wednesday, grants the state a waiver under the Clean Air Act for its Advanced Clean Cars II Rule and Advanced Clean Fleets Regulation.
Legal Basis for the Waiver
California’s request hinged on provisions in Section 7543(b) of the Clean Air Act, which allows states to enforce their own emissions standards if they meet certain criteria.
To obtain the waiver, California demonstrated that its emissions standards are:
- At least as protective of public health as federal standards
- Not arbitrary or capricious
- Necessary due to extraordinary conditions
- Consistent with the procedures of the Clean Air Act
In its Notice of Decision, the EPA acknowledged evidence from the California Air Resources Board (CARB) showing the proposed standards would reduce pollutants like smog and fine particulate matter.
These reductions, according to CARB, will mitigate public health risks, including asthma attacks, hospitalizations, and missed work or school days.
Technological Feasibility and Extraordinary Conditions
The EPA determined the standards are technologically feasible and align with federal requirements under Section 202(a) of the Clean Air Act.
It also noted California’s “extraordinary conditions,” citing a map showing large portions of the state experiencing “extreme” air quality issues.
Impact Beyond California
The waiver approval extends to over a dozen other states that have adopted California’s stricter emissions standards. However, the decision faces potential reversal.
A new federal administration could revoke the waivers, as the Trump Administration did in 2019.
Legal Challenges Ahead
While California’s regulations have gained federal approval, legal challenges loom. In November, Nebraska filed an antitrust lawsuit targeting large truck manufacturers complying with the Advanced Clean Fleets Regulation.
This lawsuit, combined with ongoing opposition to the 2035 gasoline vehicle ban, could shape the regulatory landscape in the coming years.
The EPA’s decision underscores the legal complexities surrounding state versus federal authority in environmental regulation.
It also highlights California’s leadership in pushing for aggressive policies to address climate change and public health concerns.
For a deeper dive into the EPA’s ruling, see the full Notice of Decision here.
