The U.S. Environmental Protection Agency (EPA) has approved California’s initiative to prohibit the sale of new gasoline-powered vehicles by 2035, granting the necessary waivers under the Clean Air Act. This decision allows California to implement its Advanced Clean Cars II Rule and Advanced Clean Fleets Regulation, both of which are central to the state’s ambitious climate goals.
The waivers, requested under Section 7543(b) of the Clean Air Act, allow states to enforce their own emissions standards, typically precluded by Section 7543(a). To qualify for such a waiver, a state must demonstrate that its standards are at least as protective of public health and welfare as federal standards, are neither arbitrary nor capricious, are driven by extraordinary conditions, and do not conflict with other statutes under the Act.
The EPA’s Notice of Decision emphasized the benefits of the new standards, highlighting reductions in smog-causing pollutants, fine particulate matter, and related health issues such as asthma, illnesses, and hospitalizations. Despite criticism from some quarters that the standards were not aligned with Section 202(a), the EPA concluded they are technologically feasible and meet federal requirements.
This move will not only affect California but also influence the policies of over a dozen states that have adopted similar standards. However, the granted waivers are not entirely secure from potential political changes. The waivers previously faced revocation under the Trump administration in 2019, and similar actions could be on the cards in future political landscapes.
In addition, Nebraska has filed an antitrust lawsuit against large truck manufacturers following the regulation, emphasizing the complex legal and business challenges surrounding California’s latest environmental policy push.