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The Biden administration has approved two requests from California to enforce strict standards on emissions from gas-powered cars and trucks, setting the stage for a reversal by President-elect Donald Trump.
The Environmental Protection Agency (EPA) granted waivers for the two rules on Wednesday. The first aims to ban sales of new gas-powered cars in California by 2035, while the second plans to cut pollution from large trucks that create smog and soot.
The EPA said its review found that opponents were unable to prove the regulations were inconsistent with existing federal standards created by the Clean Air Act. That law requires states to get a waiver from the agency to set stricter vehicle emission standards than the federal government’s.
“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,” EPA Administrator Michael Regan said 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.”
But it’s unlikely that the waivers — and thus approval for the rules — will be around for long.
In 2019, Trump rescinded California’s authority on emissions, which President Joe Biden’s administration later reversed in 2022. During the 2024 presidential campaign, Trump and his team repeatedly stated that his administration would scrap Biden’s pro-electric vehicle rules and legislation, as well as any waivers handed down to the states. If Trump revokes California’s waiver, a legal battle will likely ensue between the incoming administration and the Golden State.
The Supreme Court said last week it would take up a fuel producer-backed appeal of an earlier waiver granted to California for stricter emission limits than the federal standard. Several major automakers, including Honda Motor (HMC) and Ford Motor Co. (F), are already meeting those standards. The court declined to hear a challenge brought by Ohio and 16 other Republican-led states.
California’s plan requires that at least 80% of new cars sold be electric models, while up to 20% can be plug-in hybrid vehicles. Eleven other states have followed its lead, including New York and Massachusetts.
The rules have been celebrated by climate activists but opposed by the auto industry.
Paul Cort, the director of Earthjustice’s Right To Zero campaign, called the EPA’s approval a “critical step forward in protecting our lungs from pollution and our wallets from the expenses of combustion fuels.” The Sierra Club urged the EPA to grant California other waivers that are still pending approval.
On the other hand, the National Automobile Dealers Association said it was “disappointed” by the EPA’s approval and called for Trump to revoke the “anti-consumer mandate” once he’s in office.
The Alliance for Automotive Innovation, a trade group representing Ford, General Motors (GM), Toyota Motor (TM), and several others in the industry, slammed the strict standards brought by California and the other 11 states.
“This was an expected development. And we expect President Trump will revoke the waiver in 2025,” the group’s CEO, John Bozzella, said in a statement, noting that it would “take a miracle” for companies to achieve the necessary sales mix given the current state of the market.