AG Brown joins lawsuit challenging Trump administration attack on California’s Clean Vehicles Program

SEATTLE - Attorney General Nick Brown today joined coalition of 11 attorneys general in challenging the federal government’s unprecedented and unlawful use of the Congressional Review Act to disapprove California’s waivers for its various clean vehicle standards, which Washington subsequently adopted.

Waivers have never been subject to the Congressional Review Act nor have any other agency orders that adjudicate requests for permission —such as oil and gas leases or mining permits. The actions taken here contradict the non-partisan Government Accountability Office and Senate parliamentarian, who both determined that the law’s process to disapprove federal regulations does not apply to these waivers.

“Transportation is the single greatest contributor to greenhouse gas pollution in Washington, and our residents understand the transition to zero-emission vehicles is critical in the fight against climate change,” Brown said. “This is the Trump administration’s latest unlawful attempt to derail Washington’s and the nation’s transition to a clean future.”

Motor vehicle emissions contribute to the formation of smog, as well as fine particle pollution and toxic air pollution, all of which are linked to premature death, respiratory illness, cardiovascular problems, and cancer, among other serious health impacts. Transportation is also the leading source of greenhouse gas emissions in the country, and cars and trucks account for 80% of those transportation emissions.  

The Clean Air Act requires the EPA to set federal emission standards for air pollutants from new motor vehicles or new motor vehicle engines that cause or contribute to air pollution that endangers public health or welfare. The Clean Air Act allows only California to adopt more stringent emission requirements independent from EPA’s regulations, because only California had vehicle emissions standards before the passage of the federal Clean Air Act.  California can enforce these standards with an EPA preemption waiver. The act requires EPA to approve waivers for California’s rules absent certain, limited circumstances not present here.

Once EPA grants California a waiver, Washington may adopt California’s standards and does not need a waiver of its own. Since 2023, the EPA granted California three waivers, allowing it to enforce the most recent standards for passenger vehicles, Advanced Clean Cars II (ACC II), as well as standards for heavier duty vehicles under the Omnibus and Advanced Clean Truck (ACT) standards. Historically, EPA, under both Democratic and Republican administrations, has granted California more than seventy-five preemption waivers for updates to the State’s new motor vehicle emissions control program. As Congress intended, these waivers have allowed California, and those states that adopted California’s standards, to improve on their vehicle emissions programs.

Under ACCII, which Washington adopted in 2022, automakers must continue to sell an increasing number of zero-emission vehicles—as they have been for decades. By model year 2035, 80% of the passenger vehicles sold in Washington must be zero-emission, while the remaining 20% may be plug-in hybrids. The Advanced Clean Truck regulations aim to accelerate the widespread adoption of zero emission vehicles in the medium and heavy-duty truck sector, and are similarly critical for Washington’s efforts to meet air quality standards and protect public health. The Omnibus regulation requires internal combustion heavy-duty trucks sold in Washington to meet strict standards for oxides of nitrogen (NOx) emissions, which are major contributors to smog formation.

Under the direction of President Trump, the EPA transmitted these California waivers to Congress as “rules” in an attempt to invoke CRA procedures, even though all three waivers state EPA’s consistent and longstanding position, under both Republican and Democratic administrations, that waiver decisions are not “rules.” The Republican-controlled U.S. House of Representatives and the Senate illegally used the CRA to target California’s Clean Air Act waivers.

The complaint filed today alleges that the attempt to invalidate California’s waivers violated constitutional principles of federalism and separation of powers, the Take Care Clause, and multiple federal statutes including the Congressional Review Act and Administrative Procedure Act.  The complaint asks the court to declare the resolutions to be unlawful and to require the Administration to implement the Clean Air Act consistent with the granted waivers.

Attorney General Brown joins California Attorney General Bonta and the attorneys general of Colorado, Delaware, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont in filing the lawsuit.

A copy of the complaint is available here.

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