California and Nearly Two Dozen Other States Sue Trump Administration for the Right to Set Fuel-Efficiency Standards

by Brady Dennis and Juliet Eilperin (Washington Post) Lawsuit marks the latest in an escalating fight over one of the nation’s biggest sources of greenhouse gas emissions. -- California and 22 other states sued the Environmental Protection Agency on Friday, asking a federal court to block the Trump administration from stripping the nation’s most populous state of its long-standing authority to set its own fuel-efficiency standards on cars and trucks.

The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, marks the latest round in an escalating fight between the White House and California officials over how quickly the nation’s auto fleet must increase its fuel-efficiency. Already, the feud has led to several legal skirmishes, a divided automotive industry and uncertainty in the nation’s car market.

The administration’s move was a high-profile example in a broad campaign to undermine Obama-era policies aimed at cutting greenhouse gas emissions that fuel climate change.

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Asked about the lawsuit Friday, EPA spokeswoman Molly Block said the agency does not comment on pending litigation. But she said the administration had the right to push ahead with its revised mileage standards and make “it clear that federal law preempts state and local tailpipe greenhouse gas emissions standards” as well as those for zero-emission vehicles.

“This action will help ensure that there will be one, and only one, set of national fuel economy and greenhouse gas emission standards for vehicles,” Block added.

California and 22 other states, along with several cities, had filed a separate federal lawsuit in September against the National Highway Traffic Safety Administration. That suit argued that the efforts to preempt California from setting more ambitious emissions standards “exceeds NHTSA’s authority, contravenes Congressional intent, and is arbitrary and capricious, and because NHTSA has failed to conduct the analysis required under the National Environmental Policy Act.”

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The latest filing in the D.C. Circuit also includes a petition asking the court to review NHTSA’s effort to preempt California’s right to set tailpipe emission standards.

California enjoys an exemption under the 1970 Clean Air Act that allows it to get a federal waiver to set more stringent air pollution standards; other states can follow the California standard. EPA granted the state a waiver to set tailpipe emission standards in 2009, which is the one the agency is trying to pull back. READ MORE

California sues EPA over Trump revoking emissions waiver (The Hill)

California rules set lower emissions for state vehicle fleet (Washington Post)

EV COALITION BACKS UP CALIFORNIA IN PREEMPTION FIGHT: (Politico's Morning Energy)

California says it won’t buy cars from GM, Toyota, others opposing tough tailpipe standards (Cal Matters)

California Won’t Buy Cars From Toyota, GM, Fiat Chrysler Due to Emissions Fight (Our Daily Planet)

NEVADA BECOMES 4TH STATE TO BACK CALIFORNIA: (Politico's Morning Energy)

CALIFORNIA PREEMPTION FIGHT GOES FIRST TO D.C. CIRCUIT: (Politico's Morning Energy)

CALIFORNIA REQUEST WOULD DELAY PREEMPTION COURT BATTLE: (Politico's Morning Energy)

The Interaction of the Clean Air Act, California’s CAA Waiver, Corporate Average Fuel Economy Standards, Renewable Fuel Standards and California’s Low Carbon Fuel Standard (Advanced Biofuels USA)

Excerpt from Politico's Morning Energy: EV COALITION BACKS UP CALIFORNIA IN PREEMPTION FIGHT: A coalition of electric vehicle-friendly companies has filed a motion to help California fight the Trump administration's revocation of the state's Clean Air Act waiver. The National Coalition for Advanced Transportation's members include EV-makers Tesla and Rivian, utilities like Exelon and Edison International, and charging companies ChargePoint and EVgo. The Trump administration's action "adversely affects the marketplace for transportation electrification and deployment of advanced vehicle technologies across the country," NCAT argued in a Friday brief.

CALIFORNIA TO STOP BUYING CARS FROM TRUMP-BACKED AUTOMAKERS: A new policy unveiled Friday from Gov. Gavin Newsom's administration would require California agencies to buy cars from manufacturers that back the state in its fight with the Trump administration over vehicle emissions standards, Pro's Debra Kahn reports. Starting in January, they can only buy from automakers that recognize the state's authority to set greenhouse gas and zero-emission vehicle standards, which the Trump administration is attempting to revoke. READ MORE

Excerpt from Politico's Morning Energy: NEVADA BECOMES 4TH STATE TO BACK CALIFORNIA: Nevada Gov. Steve Sisolak signed an executive order on Friday directing the state to adopt clean car standards in line with California — becoming the fourth state to do so amid the Golden State's fight with the Trump administration over vehicle emissions regulations, Alex reports for Pros. READ MORE

Excerpt from Politico's Morning Energy: CALIFORNIA PREEMPTION FIGHT GOES FIRST TO D.C. CIRCUIT: The D.C. Circuit Court of Appeals will get to settle a venue fight over lawsuits challenging the Trump administration's revocation of California's waiver allowing it to enforce stronger vehicle emissions rules. California filed parallel challenges in the federal district court in D.C. as well as the superior D.C. Circuit to cover all their legal bases. But in a brief order last night, Judge Ketanji Brown Jackson essentially washed her hands of the venue fight, pausing the challenges in the lower court until the D.C. Circuit rules on the venue issue, which may not happen until next year. READ MORE