California sues US EPA over sending emissions rules to Congress for potential reversal

By David Shepardson

WASHINGTON, June 22 (Reuters) – The state of California sued the U.S. Environmental Protection Agency on Monday after the agency earlier this month sent the Republican-controlled Congress landmark state vehicle emissions rules for potential repeal.

The EPA said waivers under the Clean Air Act for California environmental regulations approved under prior Democratic administrations should have been sent to lawmakers under the Congressional Review Act.

California said the action was illegal and should be blocked by the U.S. District Court for the District of Columbia, arguing that the EPA was seeking to “wave a magic wand” and turn a waiver into a rule.

“These latest illegal actions would mean more pollution, poorer air quality, more market uncertainty, and greater health risks for communities already overburdened by emissions,” said California Attorney General Rob Bonta, noting the state has received more than 75 waivers for environmental actions.

The EPA did not immediately comment.

The Trump administration has mounted a multi-pronged effort to deny California the ability to require cleaner vehicles and more electric vehicles. The EPA has also enacted rules making it easier for automakers to sell more gasoline-powered cars and trucks, while making it more expensive to buy EVs.

The four waivers sent to Congress for review granted California authority to enact its own emission standards for cars and trucks as well as lawn and garden equipment. The rules have prodded companies to produce cleaner electric models to reduce emissions.

California won approval in 2022 under then-President Joe Biden’s EPA for the state’s current ​vehicle emissions rules.

California’s ​rules require automakers to ​sell a rising number ⁠of electric vehicles and meet increasingly stringent limits on tailpipe emissions.

Those rules are much stricter than those imposed by the Trump administration, which plans ​to roll back federal fuel economy rules.

Trump signed legislation last year to overturn California’s rules that aim to phase out new gasoline-powered cars by ​2035. California contends the fuel savings ​for consumers from ⁠the rules far exceed the higher upfront costs of EVs.

Congress rescinded authority for California to outlaw traditional gasoline-powered vehicles after 2035 after Toyota, GM and other automakers lobbied for relief from California’s emissions regulations.

That came after the EPA sent Congress the waiver for that program for review. Many Democratic lawmakers contended the waivers are not reviewable under the CRA. California has also challenged that waiver submission to Congress.

(Reporting by David Shepardson; Editing by Mark Porter and Deepa Babington)