19. Department of Transportation · Major
Revoke California's Clean Air Act waiver
Printed page 629 19. Department of Transportation
“Revoke the special waiver granted to California by the Biden Administration. California has no valid basis under the Clean Air Act to claim an extraordinary or unique air quality impact from carbon dioxide emissions, and EPCA is clear that under no circumstances may a state agency regulate fuel economy in place of DOT.”
What has happened
- Done
EPA went beyond the Biden-era waivers and transmitted four older California waivers (Advanced Clean Cars I, its 2022 reinstatement, small off-road engines, and the 2009-and-later greenhouse-gas standards) to Congress as CRA rules; disapproval resolutions were introduced in July–August 2026 (H.J.Res. 202, 205, 211, 212; S.J.Res. 206–208) but none had passed by 2026-08-26. California sued again on 2026-06-22 (D.D.C. 1:26-cv-02185).
- Done
The President signed three CRA joint resolutions (Public Laws 119-15, 119-16, 119-17) disapproving EPA's waivers for Advanced Clean Trucks, Advanced Clean Cars II and the Omnibus Low-NOx rule — the Biden-era waivers the Mandate names, including the one underpinning California's 2035 internal-combustion sales ban. California and ten other states sued the same day (N.D. Cal. 4:25-cv-04966); no ruling found on allowlisted sources.
- Public Law 119-16 (H.J.Res. 88): congressional disapproval of EPA's Advanced Clean Cars II waiver of preemption
- Public Law 119-15 (H.J.Res. 87): congressional disapproval of EPA's Advanced Clean Trucks / heavy-duty waiver of preemption
- Public Law 119-17 (H.J.Res. 89): congressional disapproval of EPA's Omnibus Low-NOx waiver of preemption
- EPA Administrator Zeldin Celebrates President Trump Officially Ending California's Vehicle Waivers (EPA press release)
- Attempted
EPA announced it would transmit the three Biden-era California waivers (Advanced Clean Cars II, Advanced Clean Trucks, Omnibus NOx) to Congress as rules under the Congressional Review Act, opening the door to disapproval by simple majority; nothing had changed yet.
Research log
What was searched, and what didn’t count as evidence
Research notes
- The instrument was Congress, not EPA: rather than an EPA waiver revocation (as in 2019), the administration treated the waivers as CRA “rules” and Congress disapproved them. The three June 2025 resolutions are the done event; the Mandate’s “special waiver granted … by the Biden Administration” is the January 2025 Advanced Clean Cars II waiver that P.L. 119-16 nullified.
- Litigation (leads, dockets not readable without auth): State of California v. United States, N.D. Cal. 4:25-cv-04966, filed 2025-06-12 — https://www.courtlistener.com/docket/70522333/state-of-california-v-united-states-of-america/ (the bulk snapshot of 2026-06-30 shows it open; EPA hosts the complaint at https://www.epa.gov/system/files/documents/2025-06/case-no.-25-04966-complaint.pdf, not read). California v. EPA, D.D.C. 1:26-cv-02185, filed 2026-06-22 — https://www.courtlistener.com/docket/73511973/california-v-united-states-environmental-protection-agency/ — challenges the 2026 transmittals. No opinion or injunction found; if a court vacates the CRA disapprovals, add reversed/blocked.
- 2026 CRA resolutions on the older waivers are introduced only (govinfo BILLS-119hjres202, -205, -211, -212; BILLS-119sjres206, -207, -208 in the Corpus) — leads, not events, until a chamber votes. A second EPA transmittal (marine vessels and ports) was announced later in June 2026: https://www.epa.gov/newsreleases/epa-again-fulfills-its-statutory-obligation-transmitting-two-additional-california (surfaced, not read).
- Overlaps #1721 (preempt CARB / ICE ban): the ACC II disapproval is shared; #1721 owns the DOJ preemption suits.
- Action
- rescind
- Object
- California Clean Air Act waiver
- ID
- 1720