Overview
- California Attorney General Rob Bonta, Governor Gavin Newsom, and the California Air Resources Board filed a federal lawsuit on June 22 asking a D.C. court to vacate the EPA’s reclassification and to bar the agency from sending waivers to Congress.
- The EPA on June 12 reclassified four preemption waivers as “rules” and submitted them to Congress; the waivers cover the 2008 greenhouse gas car standards, the 2012 Advanced Clean Cars I rule, parts of the 2022 ACC I reinstatement, and 2022 small off‑road engine amendments.
- California’s complaint says the EPA violated the Administrative Procedure Act and exceeded its authority by turning adjudicatory waivers into rules without proper process, noting that waivers have historically been treated as agency orders not subject to CRA review.
- State officials say the move would raise pollution, worsen health in communities already overburdened by emissions, and create market uncertainty for automakers and the electric vehicle transition because other states often follow California’s standards.
- The case creates an urgent clash over procedure and power: Congress could use the CRA to rescind the waivers during its review window unless the court enjoins the EPA, and the outcome could reshape how federal agencies classify and submit agency actions for Congressional disapproval.