- One waiver allows California to impose stricter regulations on new vehicles—gradually approving EVs
- The EPA's second green light on the country's heavy vehicle emissions regulations
- Trump may try to rescind the waiver, continuing the regulatory ping-pong
On Wednesday, the EPA granted two requests from the California Air Resources Board (CARB) to implement and enforce the state's Advanced Clean Cars II (ACC II) curriculum. ending the sale of most new gasoline vehicles by 2035.
California wrote the rules, which would ban all new combustion engine vehicles except plug-in hybrids with long electric ranges, under a waiver of the Clean Air Act, which allows the state to approve them. the regulations issued are stricter than the government's standards. Several states are following California's emissions rules and are expected to do the same with ACC II—if California officials survive the incoming Trump administration's potential efforts to roll back them.
For now, the EPA has approved California's autonomy with respect to the ACC II standards, which cover low-efficiency and low-efficiency vehicles for model years 2026 through 2035. The second waiver granted by the EPA is related to California's “Omnibus” regulations for heavy vehicle emissions which, like ACC II, set stricter standards than those of the federal government.
Marengo Charging Plaza, Pasadena, California
The move has received predictable praise from environmental groups, including the US Climate Alliance, a coalition of bipartisan governments. Together, i California-emissions states represent 60% of the US economy and 55% of the US population, according to the organization.
“This action means cleaner air in our communities, lower costs and expanded consumer choice, as well as good-paying jobs and investment in manufacturing across America,” US Climate Alliance executive director Casey Katmins said in a statement.
In addition to California, Oregon, Washington State, New York, Massachusetts and Vermont have adopted ACC II starting in the 2026 model year, while Colorado, New Jersey, Delaware, Rhode Island, New Mexico and Maryland have signed on for the 2027 model year. . These regions represent the majority of new car sales.
Marengo Charging Plaza, Pasadena, California
As noted by The Washington Post, the industry trade group Alliance for Automotive Innovation said in a memo last week that states following California's lead here are part of an “unaccountable, unreachable wormhole.” That's less because of the legality of California's regulatory move than because of where those state laws might stand. another potential challenge for California emissions authorities it is the second Trump Administration.
Under the previous Trump administration, the EPA was led by a former coal lobbyist and intended to revoke the waiver allowing California's emissions mandate in 2019. Under the Biden Administration, the EPA plans to reinstate it in 2021—with public input. This past week the Supreme Court dismissed a challenge from the oil and gas industry, seeking to revoke the exemption, but that doesn't mean future challenges aren't there.
While it's unclear whether Trump will ultimately attack states' rights by re-interfering with California's waiver, he has hinted that he may reverse some of the Biden administration's pro-EV policies.