California’s zero-emission vehicle mandates survive legal challenge
The U.S. Court of Appeals for the District of Columbia has extended California’s authority to enforce its own tailpipe regulations, rejecting a legal challenge initiated by the fossil fuel industry and a coalition of seventeen conservative states. The unanimous decision by the three-judge panel was handed down on April 9th, preserving the continuity of California’s current regulatory framework. The Advanced Clean Cars Program has governed new car sales since Model Year 2017 and is scheduled to sunset at the end of Model Year 2025. The controversial program requires automakers to sell fleets with a steadily increasing percentage of electrified vehicles and has been adopted by several other progressive states. Its ambitious successor, Advanced Clean Cars II, includes bold mandatory quotas that would boost the combined sales share of zero-emission vehicles and plug-in hybrid electric vehicles to 100% by 2035.
Legal arguments against California’s zero-emission vehicle mandates have been debated for over a decade. Under Section 209 of the Clean Air Act, California can request a waiver from the Environmental Protection Agency allowing it to enforce more aggressive emission standards using its own regulatory framework.
