The Trump administration appealed a federal court order on September 15 that prevents the Environmental Protection Agency (EPA) from treating certain California emissions waivers as rules subject to repeal under the Congressional Review Act (CRA), Reuters reported. The appeal seeks review of a preliminary injunction; it does not resolve the underlying dispute.
The case concerns whether an EPA decision allowing California to enforce an emissions standard can be submitted to Congress as an agency rule. California argues that waivers are adjudicatory approvals rather than rules. The EPA states that the CRA requires it to submit them for congressional review.
Court ordered EPA to reverse four reclassifications
On September 2, 2026, U.S. District Judge Beryl Howell’s 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.
The order requires the EPA to withdraw or correct its reclassifications and prevents the agency from giving effect to those or other reclassifications of waiver orders as rules while the injunction remains in place.
The four waivers at issue allow California to enforce emissions requirements for cars and small off-road engines. The 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. The waivers do not include Advanced Clean Cars II.
Congress and President Trump acted separately in 2025 to disapprove waivers associated with that program and two other vehicle programs.
California is challenging those actions in separate litigation.
Dispute extends to marine standards
After transmitting the four waivers in June, EPA submitted two additional waivers to Congress in July. They concern California emissions standards for ocean-going vessels at berth and commercial harbor craft. EPA says those approvals are also rules under the CRA.
The distinction could affect future California programs. The Clean Air Act allows California to seek EPA approval to enforce certain emissions standards that differ from federal requirements. If waiver approvals are subject to the CRA, Congress could use its expedited procedures to attempt to overturn them after EPA grants them.
Howell’s preliminary injunction remains in effect unless a court changes it. The appeal will determine whether that restriction continues while the courts consider EPA’s authority to classify the waivers as rules.
The distinction matters beyond the six waivers. Under the Clean Air Act, California may seek EPA approval to enforce certain emissions standards that differ from federal requirements. Treating those approvals as CRA rules would give Congress an additional route to challenge future waivers after EPA grants them.
The injunction remains in effect unless a court changes it. The appeal will test whether EPA may classify California’s waiver approvals as rules for congressional review, a question with consequences for how the state’s future emissions programs are approved and challenged.