A federal judge blocked the Trump administration from reclassifying four California Clean Air Act waivers as federal rules subject to expedited congressional repeal, preserving California’s authority to enforce emissions standards affecting vehicles and small off-road engines.
U.S. District Judge Beryl Howell of the District of Columbia issued a preliminary injunction September 2 directing the Environmental Protection Agency to stop further action on the reclassification and take steps to restore the regulatory status quo that existed before June 12.
EPA’s use of the Congressional Review Act
The dispute stems from EPA’s decision in June to treat four previously granted California preemption waivers as “rules” under the Congressional Review Act (CRA), which allows Congress to overturn qualifying federal regulations using expedited procedures. California argued that Clean Air Act waivers are adjudicatory approvals rather than rules and therefore cannot legally be submitted to Congress for repeal under the statute.
Howell concluded that California had shown a likelihood of succeeding on its claim that EPA’s reclassification was arbitrary and capricious and exceeded the agency’s statutory authority. She ordered EPA to refrain from giving the reclassifications effect and to withdraw or correct its June action.
The four waivers at issue allow California to enforce emissions requirements for cars and small off-road engines. EPA later sought to reclassify two additional waivers covering ocean-going vessels in port and commercial harbor craft, according to the Attorney General’s office.
Implications for California emissions programs
The decision has broader implications for California Air Resources Board programs because federal Clean Air Act waivers have supported California’s ability to adopt emissions standards that are more stringent than federal requirements.
For automakers and fuel suppliers, the litigation affects the regulatory framework governing future vehicle sales and petroleum demand.
Earlier waiver repeals remain in dispute
The ruling does not restore every California vehicle policy challenged by the federal government. Congress previously used the CRA to overturn waivers associated with several California vehicle regulations, including the state’s Advanced Clean Cars II program, which was designed to phase out sales of new gasoline-only passenger vehicles beginning in 2035. California is challenging those earlier congressional actions in separate litigation.
The September 2 decision instead prevents EPA from extending the same strategy to additional California waivers while the current lawsuit proceeds.
That distinction makes the ruling significant beyond the individual emissions programs at issue. If California ultimately prevails, it could restrict the federal government’s ability to use the CRA as an alternative mechanism for dismantling CARB regulations that have already received Clean Air Act waivers.