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Friday, January 17, 2025

California leads coalition defending clean air act waivers

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Attorney General Rob Bonta | Official website

Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta and the California Air Resources Board (CARB) have filed motions to intervene in litigation defending the U.S. Environmental Protection Agency's (EPA) waivers under the Clean Air Act. These waivers allow California to enforce its Advanced Clean Cars II (ACC II) and Heavy-Duty Engine and Vehicle Omnibus regulations, aimed at reducing vehicle emissions and combating climate change.

The EPA's decision is being contested by the American Free Enterprise Chamber of Commerce in the U.S. Court of Appeals for the Ninth Circuit. "Any attempt to undermine California’s Clean Air Act waivers puts our State at risk of falling further behind in our fight against climate change and environmental harm," stated Attorney General Bonta.

CARB Chair Liane Randolph emphasized that "California’s persistent air quality challenges require urgent solutions." The ACC II regulation mandates increasing sales of zero-emission vehicles, with a target of 80% by 2035, while the Omnibus regulation imposes stringent standards on internal combustion trucks for nitrogen oxides emissions.

Transportation is a major source of greenhouse gas emissions, contributing significantly to smog and air pollution-related health issues. Under Section 202(a) of the Clean Air Act, California can set its own emission standards if granted a waiver by the EPA.

The coalition supporting these measures includes attorneys general from 16 states and three cities: Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington D.C., as well as Chicago, Los Angeles, and New York City.

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