Newsom Lawsuit 2025

In response to an illegal move by the Trump Administration, California Governor Gavin Newsom filed a lawsuit to protect clean air and ensure the continuation of emission reduction efforts.

As of May 22nd, the Senate passed a vote to block California's most stringent electrification initiative to end production of gas-powered vehicles by 2035 (Advanced Clean Cars II). Three weeks earlier, the House voted to revoke two other programs that establish thresholds for particulate matter and nitrogen oxide releases, as well as aid with increasing accessibility to Low and Zero Emission Vehicles (Advanced Clean Trucks and Omnibus Low NOx). In fifty-eight years—since the inception of the Air Quality Act in 1967, when states were granted the authority to set their vehicle standards—Congress has never blocked one of California’s vehicle regulation measures. 

This was not the only unprecedented action taken by the federal government recently; last week, on June 12th, Trump signed the resolutions proposed under the Congressional Review Act (CRA) from the Senate and House. Governor Newsom, with Attorney General Rob Bonta (and ten other states), sued Trump alongside EPA administrator Lee Zeldin for inappropriately holding the use of this statute. 

CRA grants the Senate certain power to disapprove a federal agency rule to create a means for congressional review of executive decisions. The statute does not give authority to enact this in the states. When the idea to target California’s waivers surfaced, the Senate Parliamentarian and the Government Accountability Office (GAO) both concluded that CRA could not be enacted in this situation. The first body exists solely to advise the Senate, and straying from their rulings is rare. Senate republicans defying Parliamentarians' ruling in conjunction with the misuse of CRA built the case for the lawsuit. 

Singling out California’s environmental standards remains a prerogative of the Trump administration. Zeldin last month stated in a press release, “We are glad to see that Congress recognized the truth, that EPA’s California waivers are rules that would create a negative impact on all Americans by driving up costs while limiting consumer choice, and acted accordingly”. 

This argument that removing "unrealistic" and “forceful” limits imposed by California will lift a financial burden off of Americans and create consistency for manufacturers does not correspond with economic analyses. Studies widely demonstrate that although EVs cost more upfront than gas vehicles, their total cost of ownership (TCO) remains lower. One 2024 study from Atlas Public Policy found “ in every case, EVs today can deliver savings to owners compared to a similar gasoline vehicle over seven years”. Figures differ, but irrefutably, electric transportation saves consumers money long term. 

More importantly, these clean vehicle waivers protect citizens' health and safety. California initially received the liberty to create different standards because they were (and continues to be) the state most heavily impacted by smog, with half of the smoggiest cities residing in the state. The California Air Resources Board claims 90% of residents breathe unhealthy air for some duration of the year, which directly causes higher cases of asthma, cardiopulmonary diseases, and cancer. Millions of people suffer from air quality-related conditions in the state.

Thankfully, our lawmakers continue to fight rollbacks. Besides filing the lawsuit, Newsom issued an executive order (N-25-27) the same day to uphold California’s commitment to combating climate change. It solidifies California's historical standing to make "aggressive" air pollution standards, reinforces both the 2035 ZEV goal and the 2045 carbon neutrality goal, highlights public welfare benefits, and ensures agreements within the Clean Truck Partnership remain. 

California does not stand alone in this struggle with the federal government. In May, the US Climate Alliance formed the Affordable Clean Cars Coalition, which includes California, Colorado, Delaware, Massachusetts, Maryland, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington. Together, they hope to formulate solutions to increase accessibility to EVs and emphasize that climate change reduction efforts have not ceased. In a statement released by the governors of each respective state they assured, “We will continue collaborating as states and leveraging our longstanding authority under the Clean Air Act, including through state programs that keep communities safe from pollution, create good-paying jobs, increase consumer choice, and help Americans access cleaner and more affordable cars.” 

Besides obvious regional impacts, as a global leader in air quality standards, California’s backsliding from strict regulations could negatively influence nations worldwide. Despite efforts from the Trump administration, California continues to fight for its right to safeguard its citizens and the planet.