California Attorney General Rob Bonta responded to the U.S. Supreme Court’s decision to reverse a lower court’s dismissal of a challenge to California’s 2013 Clean Air Act waiver. This waiver pertains to the adoption of emission standards for new vehicles.
“While we are disappointed by the Supreme Court’s decision to allow this case to go forward in the lower court, we will continue to vigorously defend California’s authority under the Clean Air Act,” said Attorney General Bonta. “Congress intended for California to be able to regulate emissions from new vehicles sold in our state, and we remain firmly committed to advancing and implementing strong standards that safeguard public health and reduce climate pollution. The fight for clean air is far from over.”
The Clean Air Act mandates the U.S. Environmental Protection Agency (EPA) set emission standards for pollutants from new motor vehicles that affect public health or welfare. Under this act, California can adopt stricter emission requirements than federal standards, with EPA required to waive preemption unless specific conditions apply.
Petitioners from the oil and biofuel industries challenged the waiver nearly ten years after its issuance in 2013, following its reinstatement in 2022 after an unlawful rescission in 2019. They argued that the reinstated waiver exceeded EPA’s authority under federal law. Attorney General Bonta, along with Governor Gavin Newsom and the California Air Resources Board, led states and local governments in defending against this challenge.
In April 2024, the U.S. Court of Appeals for the District of Columbia Circuit dismissed the lawsuit on grounds that petitioners lacked legal standing because automakers were already producing large numbers of zero-emission vehicles due to consumer demand and previous investments. Petitioners also failed to demonstrate that judicial relief would increase fuel sales as they claimed.
