California can set car emissions rules again
EPA reverses Trump policy; standards will affect millions of vehicles nationwide
The Biden administration on March 9 restored California's ability to set its own pollution rules for passenger vehicles that are stricter than federal standards, returning the state to a national leadership role in reducing emissions of greenhouse gases and pollutants that form smog.
“Today we proudly reaffirm California's longstanding authority to lead in addressing pollution from cars and trucks,” said Michael Regan, administrator of the U.S. Environmental Protection Agency.
The decision, which Biden had promised shortly after he took office, reverses a 2019 policy from the Trump administration.
President Donald Trump's EPA, which had been led by Andrew Wheeler, a former coal lobbyist, sought to set uniform nationwide standards and blocked California from setting its own stronger tailpipe pollution rules as it had done for generations.
California officials and environmental groups cheered the news March 9.
“I thank the Biden Administration for righting the reckless wrongs of the Trump Administration and recognizing our decadesold authority to protect Californians and our planet,” said Gov. Gavin Newsom.
California's authority to set its own standards for pollution from passenger vehicles dates back more than 50 years and was put
in place by the 1970 Clean Air Act. That law was signed by President Richard Nixon, largely because at the time California had the nation's worst smog.
Over the years, California, the nation's largest auto market, has adopted tough tailpipe rules that were often copied by other states and eventually copied by the federal government, helping to reduce smog dramatically nationwide as cars, trucks and SUVs have become cleaner.
However, there is a legal limit to California's power. The Clean Air Act requires California to obtain a waiver from the U.S. EPA to set tougher standards than the federal government. Historically, presidents have granted that permission dozens of times. Other states then are allowed to copy California's standards.
In a speech in September 2019 to the National
Automobile Dealers Association, Wheeler said the Trump administration supported federalism, a system of government where states share power with Washington, D.C. But he added: “Federalism does not mean that one state can dictate standards for the nation.”
Critics said Wheeler and Trump weakened efforts to reduce pollution at the request of the auto industry.
California and more than 20 other states sued to overturn the Trump decision. But when Trump lost the 2020 election, the policy's days were numbered.
On March 9, environmental groups called the Biden decision a major step in addressing climate change.
Transportation makes up 29% of America's greenhouse gas emissions, more than power plants, industry or other large sources that burn oil, coal and other fossil
fuels. As the world has burned more fossil fuels, whose emissions trap heat in the atmosphere, temperatures have steadily risen, leading to more severe droughts, wildfires and heat waves.
“Strong pollution standards for cars and light-duty trucks can help us grow our economy and spur the burgeoning EV market,” said Brandon Dawson, director of Sierra Club California.
Since 1880, when modern temperature records began, the 10 hottest years on Earth have all occurred since 2010, according to NASA and the National Oceanic and Atmospheric Administration, the parent agency of the National Weather Service.
California's “advanced clean car” standards require new vehicles sold in California to emit 40% fewer greenhouse gases, such as carbon dioxide, by 2025, compared with 2016 levels.
Reducing greenhouse gas emissions has had the effect of forcing automakers to increase gas mileage. President Barack Obama adopted California's as the national standard in 2012, which he said at the time would require an average fleet fuel economy of 54 miles per gallon on new vehicles sold in 2025.
But the Trump EPA loosened those rules so that the fleet average would peak at about 37 mpg by 2025 instead.
Trump officials said the Obama-California rules would reduce safety and increase the price of vehicles. California officials said the safety argument is not supported by science and that the state's rules reduce costs over the life of vehicles due to the need for motorists to buy less gasoline.
On Wednesday, Regan said the Trump administration policy was “decided in error.”
The dispute split the auto industry. Some automakers — General Motors, Toyota and Fiat — endorsed the Trump approach and others — Ford, Honda, BMW, Volkswagen and Volvo — agreed to a compromise with California to largely put in place its standards anyway.
Since then, Newsom signed an executive order that bans the sale of all new gasoline-powered passenger vehicles in California starting in 2035. GM endorsed California's authority after Biden won and announced it plans to make only electric passenger vehicles after 2035.
At least a dozen countries around the world already have similar laws prohibiting the sale of new gasoline-powered vehicles by 2030, including England, Germany, Norway, Sweden, Israel and India. Canada and France have announced a phase-out of internal combustion engines by 2040.
Biden has set a goal that 50% of all new vehicles sold in the U.S. by 2030 will be zero-emissions vehicles, including battery electric, plug-in hybrid electric or fuel cell electric vehicles.
Last month, Biden rolled out a plan to spend $5 billion over the next five years expanding the nation's network of electric vehicle charging stations. The money is part of $7.5 billion that was included for electric vehicle charging in the bipartisan infrastructure bill that Congress passed last year.
California leads the nation in electric vehicle purchases, with more than 1 million sold.