EPA grants California authority to ban sales of new gas cars by 2035

WASHINGTON — The Environmental Protection Agency on Wednesday granted two requests from California to enforce strict vehicle emissions standards, including a rule aimed at prohibit sales of new gasoline vehicles in the state by 2035. The new Trump administration will likely try to reverse this action.

The California rule is stricter than a federal rule passed this year tightens emission standards but does not require sales of electric vehicles.

EPA said its investigation found that opponents of the two waivers did not meet their legal burden to show how the EV rule or a separate heavy-duty vehicle measure violated the federal Clean Air Act.

“California has long had the authority to request waivers from EPA to protect its residents from hazardous air pollution from mobile sources such as cars and trucks,” EPA Administrator Michael Regan said in a statement. “Today’s actions reflect EPA’s commitment to work with states to reduce emissions and take action on the threat of climate change.”

The new waiver is important not only for California, but also for more than a dozen other states that follow leading national vehicle emissions standards.

Still, the relief will likely be short-lived. President-elect Donald Trump has said he will take steps to repeal all exemptions in California as part of an industry-friendly approach that includes stimulating the production of fossil fuels and withdrawing important parts of a landmark climate law 2022.

Trump revoked California’s authority on emissions in 2019, only to be reversed three years later by the Biden EPA, which restored the authority of the state in 2022.

Any effort by the new administration will likely bring a new set of legal issues that could delay any action.

Democratic Gov. Gavin Newsom, who often praises California’s leadership on climate policy, has cited the following advanced clean car rule as a key achievement.

Major automakers support state standards” and California is achieving our goals years ahead of schedule,” Newsom said earlier this year. “We will not stop fighting to protect our communities from pollution and the climate crisis.”

Ford, Honda, Volkswagen and other major car manufacturers meet current California emissions standards, but some major auto companies have questioned the latest EPA exemption.

Most of the Democratic-leaning states that adopted California’s rules – clustered along the West Coast and in the Northeast – are not selling nearly the 35% level of EV sales needed next year and are unlikely to meet the target of 100% EV by 2035. sales, according to the Alliance for Automotive Innovation, a major industry group.

“It will take a miracle to achieve sales mandates under current market realities. There needs to be a balance and some states need to leave the (California) program,” said John Bozzella, the group’s CEO.

Automakers are producing electric vehicles, Bozzella said, “but there is a huge gap between these EV sales mandates and a customer’s reasonable expectation that they can still choose what kind of vehicle they want to drive.” He expects Trump to revoke the California waiver next year.

Scott Vazin, a spokesman for Toyota in North America, said approval of the California waiver “will disrupt the auto industry as companies send zero-emission vehicles to the states that have adopted California’s rules.” If a customer in a state that follows California, “If they cannot afford an electric car” or if it does not meet their needs, there may not be a non-electric vehicle available to purchase for their mobility needs,” says Vazin.

Environmental groups applauded the Biden administration’s action.

“EPA’s approval is a critical step forward in protecting our lungs from pollution and our wallets from the costs of combustion fuels,” said Paul Cort, director of Earthjustice’s Right To Zero campaign. “The gradual shift in vehicle sales to zero-emission models will reduce smog and household costs while growing California’s clean energy workforce.”

Kathy Harris, clean vehicles director at the Natural Resources Defense Council, said the decision shows respect for California and other states.

“California has decided that moving to cleaner, zero-emission vehicles is the best way to address the unique burdens (air pollution) facing the country,” she said. “This is exactly how our system of federalism should work. If other states don’t like California’s approach, they don’t have to follow it. But no one should object to the long-standing authority of states to act to protect their residents.”

The EPA’s action comes as the Supreme Court said last week it will pursue a business-backed appeal of an earlier California waiver issued by the Biden administration. The justices agreed to hear an appeal filed by fuel makers who objected to an EPA waiver granted in 2022. The waiver allows California to set stricter emissions limits than the national standard.

The Supreme Court will not review the waiver itself, but a related issue: whether fuel makers have the legal standing to challenge the federal waiver. A federal appeals court ruled that the companies did not have the right to sue because they had not provided evidence that they would be affected by the waiver, which directly affects automakers.