California is preparing to sue the federal government to restore its right to set vehicle emissions standards, state Attorney General Rob Bonta told TechCrunch in a statement.
Senate Republicans voted 51-44 Thursday to overturn the exemption that would allow California to set stricter air pollution standards for vehicles. The state has received more than 100 exemptions since federal law granted its rights about 50 years ago.
“Weaponization of the Congressional Review Act to attack California’s immunity is just a part of the ongoing partisan campaign against California’s efforts to protect its people and planets from harmful pollution,” Bonta said. “As I said before, this reckless misuse of the Congressional Review Act is illegal and California won’t stand up vaguely.”
The other 16 states and the District of Columbia follow California emissions standards, most of which are phased out fossil fuel vehicles. Other Senate votes were repealed Thursday, allowing California to set stricter emission standards for medium and heavy-duty vehicles.
California’s EV mandate is actually a zero emissions standard. From 2026 onwards, the state was to demand an increase in sales of zero-emission vehicles and passenger trucks until 2035, when automakers must sell only zero-emission vehicles.
Currently, the two technologies are qualified for hydrogen fuel cells and battery electric vehicles. Given the growth pain experienced by fuel cells and hydrogen filling networks, EVS quickly became a de facto approach to meeting California’s 2035 deadline.
Last year, 25.3% of California’s new optically-working vehicles were recognized as zero emissions, almost all of which were EVs. The state’s order required 35% of new sales to become ZEVs in 2026. This is what the automaker says is “impossible.”
Although sales growth for California’s ZEVs was flat in 2024, it differed in the past few years, with shares rising from 7.8% in 2020 to 25% in 2023.
Thursday’s vote was precedent in opposing the advice of Senators and the Government’s Office of Accountability. The CRA allows simple majority votes on resolutions to overturn regulations and allows Senate votes to proceed without the threat of a filibuster.
Previously, California Attorney General Rob Bonta had “prepared” Republican efforts to eliminate emissions waivers through the CRA. “I don’t think that’s a proper use of the Congressional Review Act, and if it’s unfairly weaponized, I’m ready to protect myself,” he told Politico in early March.
7:37am Pacific: Added news from California preparing a lawsuit against the federal government.