Summary

  • U.S. Supreme Court declined to hear challenge to California’s emissions authority
  • Oil and gas companies challenge to California’s Clean Air Act waiver denied
  • Heritage Foundation’s Project 2025 aims to reduce California waiver coverage
  • Automakers previously sided with California on emissions authority
  • Second Trump Administration may target clean-energy and EV-focused policy

Article

The U.S. Supreme Court has decided not to hear a challenge to California’s emissions authority, allowing the state to continue with plans to phase out sales of new internal-combustion vehicles. This decision denied a petition by Ohio and other states to consider challenges by oil and gas companies to California’s Clean Air Act waiver. While this removes a potential threat to California’s regulatory authority, there are likely more challenges to come as the state plans to ban the sale of non-plug-in gasoline vehicles by 2035. Conservative interests are targeting the state’s EV-friendly policies, with the Heritage Foundation’s Project 2025 potentially serving as a blueprint for the incoming Trump Administration.

The Project 2025 does not call for an outright revocation of California’s waiver but aims to reduce its scope to cover only pollution issues specific to the state. Additionally, it seeks to ensure that states adopting California’s environmental standards only do so for “traditional/criteria pollutants” and not for greenhouse gas emissions. This approach would effectively remove the EV portion of California’s emissions standards, presenting a more surgical strike against EV policy compared to the previous attempt to remove the state’s emissions authority in 2019, which was eventually restored by the Biden Administration.

In the past, several automakers made side deals with California in support of its emissions authority due to global market dynamics. BMW, Ford, Honda, Volkswagen, and Volvo asked a federal court to uphold California’s authority, while General Motors, Fiat Chrysler Automobiles (now Stellantis), and Toyota sided with the Trump Administration. It is unclear how aggressive the second Trump Administration will be in dismantling Biden’s clean-energy and EV-focused policy. However, any attacks on these policies will likely also mean attacking states’ rights, a core value of the Republican Party.

The Supreme Court’s decision allows California to move forward with its plans to phase out sales of new internal-combustion vehicles and transition towards EV-friendly policies. With the incoming Trump Administration potentially aligning with conservative interests targeting California’s emissions standards, the state may face further challenges in upholding its authority. Despite this, the stance of various automakers in supporting California’s emissions authority in the past indicates the potential for ongoing support from the industry in favor of EV-friendly policies.

As California continues to pursue its goals of reducing emissions and transitioning to cleaner transportation options, the state may encounter additional obstacles from conservative interests aiming to limit its regulatory authority. However, the Supreme Court’s decision not to hear the challenge to California’s emissions authority represents a temporary win for the state in its efforts to combat climate change and promote the adoption of electric vehicles. The ongoing battle between states’ rights and federal oversight in environmental policy may shape the future landscape of clean energy initiatives in the U.S.

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