California asks judge to slam the brakes on Trump's reversal of Clean Air Act waivers

(CN) — The state of California on Thursday asked a federal judge to force a U-turn on the federal government, saying the Trump administration illegally revoked waivers for its green vehicles program under the Clean Air Act.

President Donald Trump on Thursday signed three resolutions that disapprove waivers given to the Golden State under the previous administration. Such waivers, dozens of which have been granted to California for decades, allow the state to set its own clean air standards apart from federal oversight due to its expertise in controlling vehicle emissions and its air pollution challenges.

Hours later, Governor Gavin Newsom issued an executive order reaffirming the state’s commitment to zero-emission vehicles and keeping its original goal of having all in-state sales of new passenger vehicles and trucks be zero-emission by 2035.

“We won’t let this illegal action by Trump and Republicans in the pockets of polluters stand in the way of commonsense policy to clean our air, protect the health of our kids and compete on the global stage,” Newsom said in a statement.

The disapproval of the three resolutions, under the auspices of the Congressional Review Act, is an illegal use of that law, California Attorney General Rob Bonta said in a Thursday press conference. California, along with 10 other states, filed suit that day in the Northern District of California.

“President Trump and Republicans in Congress might want to revisit their high school civics books,” Bonta said, arguing Trump was dismantling the balance of power between federal and state governments. “We’re not going to stand by and let that happen.”

Bonta in the suit asks a judge to rule that the resolutions have no effect on state emission control programs and order the U.S. Environmental Protection Agency to enforce the Clean Air Act consistently in regard to the granted waivers.

Bonta argues in the suit that the Congressional Review Act enables congressional review of certain federal agency rules. The states consented to this expedited method of disapproving federal rules, not as a means for overturning state rules.

Additionally, the preemption waivers aren’t rules under a decades-old position of the U.S. Environmental Protection Agency. That means the Congressional Review Act doesn’t apply, Bonta writes.

“The federal government ran roughshod over federalism and separation of powers principles in applying the CRA to these three preemption waiver decisions,” Bonta adds, noting later: “In fact, the CRA has never before been used in any context that resembles this one. It has certainly never been used, as it was here, to negate particular state laws.”

According to Bonta, vehicle emissions contribute to smog, fine-particle pollution and unhealthy levels of air toxicity, which have been linked to respiratory illness, cardiovascular issues, cancer and premature death.

Transportation is the main source of greenhouse gas emissions in the nation. Cars and trucks are responsible for over 80% of those emissions.

“Trump’s all-out assault on California continues — and this time he’s destroying our clean air and America’s global competitiveness in the process," Newsom said in a statement. “We are suing to stop this latest illegal action by a president who is a wholly owned subsidiary of big polluters.”

Newsom, in his executive order, directed the state air resources board to create regulations that abide by state and federal law and reduce greenhouse gas, air pollutants and toxic emissions from cars and trucks, as well as light-, medium- and heavy-duty vehicles.

These regulations would bolster existing emissions rules or serve as an alternative if a judge upholds Trump’s disapprovals.

Bonta argued in a statement that drivers are embracing clean vehicles. People have bought over 2 million zero-emission vehicles in California. Those vehicles now comprise some 26% of new car sales.

Additionally, the sale of medium- and heavy-duty vehicles has beaten targets for two straight years.

Republicans hailed the move by Trump to reverse the waivers.

U.S. Representative Doug LaMalfa, a North State Republican, called the resolutions critical, as California rules would have made it more difficult and expensive for people to buy vehicles, regardless of where they live.

“These rules were designed to go national and force consumers, truckers, and most industries into costly electric vehicles with fewer options,” LaMalfa posted on Facebook. “These new laws are a major win for anyone who relies on a vehicle to get to work, run a business, or support their family.”

This suit is the 26th filed by California against the Trump administration since the president took office in January.

Earlier this week, California filed suit over the federalization of the National Guard against the governor’s wishes. It also sued over Trump’s pushback against a state policy allowing transgender students to play in their sport of choice.