California Attorney General Rob Bonta filed a lawsuit Monday challenging the U.S. Environmental Protection Agency’s move to reclassify four Clean Air Act waivers that allow California to implement emissions standards beyond federal requirements.
The lawsuit, the 72nd his office has filed against the second Trump Administration, follows a June 12 announcement that reclassified four waivers granted under the Clean Air Act to California, from “orders” to “rules”, which are subject to congressional review and revocation. The lawsuit alleges that this change was illegal and a violation of the Administrative Procedure Act.
“Orders, which, our waivers have long been considered, aren’t subject to expedited congressional disapproval,” Bonta said. “EPA reclassified these waivers as rules and submitted them to Congress for review, no doubt with the hope that Congress will disapprove the waivers and stymie our climate and clean air progress.”
In the June 12 announcement, the EPA said the agency is committed to “promoting consumer choice and ensuring affordable vehicles for all Americans,” alleging that these waivers “impose costly vehicle emission requirements higher than federal standards” that are passed onto the consumer.
The EPA noted that California’s waivers under the Clean Air Act ripple nationally, giving their policies the “force of federal law,” in turn, supplanting the agency’s authority.
“California will continue to fight against the Trump Administration’s lawless overreach and vigorously defend our authority to protect the health and well-being of our communities and the environment.”
Attorney General Rob Bonta
“EPA is accountable to Congress, but most importantly we must be accountable to the American people,” said EPA Administrator Lee Zeldin in the June 12 release. “It is important for EPA to fulfill our statutory obligation to submit these California waivers to Congress for their review pursuant to the law.”
Bonta said that Congress established a system of preemption waivers over 60 years ago that allowed California to improve the state’s vehicle emissions program and according to the lawsuit, has been granted 75 distinct waivers, dating back to 1969.
“These latest illegal actions would mean more pollution, poorer air quality, more market uncertainty, and greater health risks for communities already overburdened by emissions,” Bonta said. “California will continue to fight against the Trump Administration’s lawless overreach and vigorously defend our authority to protect the health and well-being of our communities and the environment.”
The Trump Administration has taken legal action against California’s Clean Air Act Waivers including a 2025 lawsuit against California’s Air Resource Board over alleged “unlawful emissions standards for trucks.”
In May of last year, Congress passed three Congressional Review Act resolution which were signed by President Trump, disapproving of California’s Electric Vehicle Mandate.
