Attorney General Bonta, CARB Leads Multistate Coalition to Defend California Clean Air Act Waivers

OAKLAND - On behalf of California and leading a multistate coalition of 16 attorneys general and 3 cities, California Attorney General Rob Bonta and the California Air Resources Board (CARB) filed motions to intervene in litigation to defend the U.S. Environmental Protection Agency's (EPA) actions granting two Clean Air Act waivers which authorize enforcement, respectively, of CARB's Advanced Clean Cars II (ACC II) and Heavy-Duty Engine and Vehicle Omnibus (Omnibus) regulations. These rules are critically important to mitigating climate change and protecting public health from smog and particulate matter threats in the State. ACC II is the next stage in California's long-standing requirements that automakers sell increasing percentages of zero-emission passenger vehicles in the state. The Omnibus regulation requires internal combustion (conventional) trucks sold in California to meet stringent standards for oxides of nitrogen (NOx), significantly reducing the contribution these heavy-duty trucks make to smog. EPA's waivers are being challenged by the American Free Enterprise Chamber of Commerce in the U.S. Court of Appeals for the Ninth Circuit.

"Any attempt to undermine California's Clean Air Act waivers puts our State at risk of falling further behind in our fight against climate change and environmental harm," said Attorney General Bonta. "The stakes could not be higher, and California will not waver. We will defend regulations that not only set strong environmental protections but implement nation-leading standards for vehicle emissions driven by technological advancements that protect public health and bolster the economy."

"California's persistent air quality challenges require urgent solutions. The Advanced Clean Cars II and Omnibus regulations make it possible to reduce pollution from transportation sources, which are responsible for the majority of emissions in the state," said CARB Chair Liane Randolph. "For more than 50 years, California has exercised its right under the federal Clean Air Act to pursue solutions that address the compelling and extraordinary conditions that lead its residents to breathe some of the most polluted air in the nation. Reducing emissions is essential to the future prosperity and wellbeing of California and its families."

Transportation is the leading source of greenhouse gas emissions in the country, and passenger vehicles account for more than half of those transportation emissions. Motor vehicle emissions also contribute to the formation of smog, as well as particulate matter and air toxics levels, all of which are linked to premature death, respiratory illness, cardiovascular problems, and cancer, among other serious health impacts.

Section 202(a) of the Clean Air Act requires the EPA to set emission standards for air pollutants from new motor vehicles or new motor vehicle engines that cause or contribute to air pollution and endanger public health or welfare. Under the Clean Air Act, California may adopt emission requirements independent from EPA's regulations, and EPA is required to waive preemption for those requirements absent certain, limited circumstances. Last December, the EPA granted the State two waivers, allowing it to enforce the ACC II and Omnibus regulations in California.

Under ACC II, automakers must continue to sell an increasing number of zero-emission vehicles in California-as they have been for decades. By model year 2035, 80% of the passenger vehicles sold in California must be zero-emission, while the remaining 20% may be plug-in hybrids. The Omnibus regulation requires internal combustion heavy-duty trucks sold in California to meet strict standards for oxides of nitrogen (NOx), which are major contributors to smog formation.

In the motions, the coalition expresses strong support for these Clean Air Act waivers which will accelerate technological developments and the production of cleaner vehicles, promoting economic growth; and drastically reduce NOx and greenhouse gas emissions, both of which threaten our communities, particularly those that already bear the brunt of pollution.

In filing the motions, Attorney General Bonta and CARB are joined by the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Washington D.C., as well as the cities of Chicago, Los Angeles, and New York.

Copies of the motions can be found here and here.