EPA Grants California the Power to Regulate Vehicle Pollution—Again
Motor vehicles drive on the 101 freeway in Los Angeles. Getty Images / Robyn Beck
The move boosts California’s efforts to end the sale of gas-powered vehicles in the state, while clearing up legal questions raised by the Trump administration.
The Biden administration restored California’s legal ability to regulate air pollution from vehicles Wednesday, giving the most-populous state a powerful tool to move the country toward zero-emission vehicles.
The widely expected move reverses the Trump administration’s attempts to strip California of its unique pollution-regulating authority, which it has held since the Clean Air Act passed in 1970. Other states can adopt California’s rules if they choose to do so, a policy that the U.S. Environmental Protection Agency also reaffirmed in its announcement Wednesday.
Seventeen states have adopted some or all of California’s air pollution rules for vehicles. More than 38% of all light-duty vehicles in the U.S. are sold in those states.
“Our partnership with states to confront the climate crisis has never been more important,” EPA Administrator Michael S. Regan said in a statement. “With today’s action, we reinstate an approach that for years has helped advance clean technologies and cut air pollution for people not just in California, but for the U.S. as a whole.”
The impact of the decision could be limited for now, because many automakers agreed to abide by California’s standards after Biden won the 2020 election.
But making clear that California has the power to regulate vehicle emissions is one of the most significant changes the Biden administration can make right now to address the causes of climate change. Many other climate-related priorities for the president and congressional Democrats foundered when Biden’s proposed Build Back Better initiative stalled in Congress.
“I thank the Biden Administration for righting the reckless wrongs of the Trump Administration and recognizing our decades-old authority to protect Californians and our planet,” said California Gov. Gavin Newsom, a Democrat, in a statement. “The restoration of our state’s Clean Air Act waiver is a major victory for the environment, our economy, and the health of families across the country that comes at a pivotal moment underscoring the need to end our reliance on fossil fuels.”
“California looks forward to partnering with the Biden Administration to make a zero-emission future a reality for all Americans,” Newsom added.
Scott Hochberg, a transportation attorney at the Center for Biological Diversity’s Climate Law Institute, said the move puts California in a position to help it achieve Newsom’s stated goal of banning the sale of new gas-powered vehicles by 2030.
“Stronger standards now and 100% zero-emission vehicle sales by 2030 will protect Californians’ health and their pocketbooks, and Gov. Newsom can become a climate champion in the bargain,” Hochberg said in an email.
Likewise, Luke Tonachel, the director for clean vehicles and fuels at the Natural Resources Defense Council, said the announcement is important to allow states to address the climate crisis.
“States have long been leaders in cleaning up tailpipe pollution, and the EPA is absolutely right to recognize this,” he said. “State leadership is crucial to move our nation toward cleaner vehicles.”
Daniel C. Vock is a senior reporter at Route Fifty and is based in Washington, D.C.
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