23-05-2025
Congress Sends Bill Blocking California's EV Mandate to Trump, But Doesn't Stop There
California's ambitious ban on sales of new internal-combustion-engine (ICE) vehicles, set to phase in by 2035, is a target in the latest bills being sent from congress to President Trump's desk to be signed into law. This was probably easy to predict: Republicans in congress, in lockstep with the fossil fuel industry, have long chased California's EPA waiver to set its own fuel economy standards that are stricter than the federal government's own rules. California is not only the biggest car market in the country, but several other states adopt its stricter standards—making it a rich target for those who balk at any regulations that encourage EV adoption.
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When originally introduced in 2020, the California ban was seen as aggressive and championed by environmentalists while, to critics, was touted as proof that federal EV mandates were coming and removing consumer vehicle choice (as stated by the Specialty Equipment Manufacturers Association , SEMA). But as reported in the Associated Press, the bill targeting California's EV mandate wasn't the only bill being sent to Trump that's related to California's efforts to curb pollution in the state. The second and third measures passed by Congress would block California from enforcing its own tailpipe emissions regulations—essentially, attacking its EPA waiver to set its own environmental standards—and rules on the emissions of nitrogen oxide pollution on commercial and heavy-duty trucks.
Essentially, Congress is trying to curb the ability of a state to control its own pollution standards, something that has been legal to do with EPA waivers since 1967 with the Federal Air Quality Act in addition to the Clean Air Act of 1970. Part of these acts were State implementation plans (SIPs)—a federal enforcement model and the waivers you hear about—as a way for states to control pollution locally, as states would have a better understanding of their own air quality conditions.
Ironically, California was sued in 1970 by the EPA, as it was unable to meet the EPAs standards of the time. The SIP rule allowed California to enact its own pollution rules through the California Air Resources Board (CARB)—a panel signed into existence with the 1967 Mulford-Carrell Act signed by Ronald Reagan, then governor of the state. Those standards are viewed by the Clean Air acts as the minimum and that no state could mandate anything less, but there is nothing against implementing tighter requirements.
But, again, those regulations have reach beyond California: 16 states and the District of Columbia follow CARB rules on pollution and equally rely on the Clean Air Act and its SIP allowance. It's also an open secret of sorts, but since as much as 11 percent of all new cars are sold in the state, OEMs already build their pollution controls hardware around the CARB model. It's mostly as a matter of convenience to build only a single pollution control system for a vehicle. The only real differences are the emissions stickers put on California cars versus 'Federal' emissions ones and some additional engine software calibrations in some cases.
While there are many who will cheer this break from 58 years of California's dominion over its air quality, these entities shouldn't break out the champagne just yet. California already has plans to sue if—or, more likely, when—these bills are signed by President Trump. This is also not the first time California's emissions regulations have been challenged; it happened as recently as 2020. With nearly six decades of law behind them, California has precedent on its side. But as we've seen with Trump's convulsive tariff game, that might not matter...
