California sues Trump and EPA over reclassification of Clean Air Act Waivers

Today, June 22, 2026, California Attorney General Rob Bonta, Governor Gavin Newsom, and the California Air Resources Board (CARB) filed a lawsuit against the Trump Administration and the United States Environmental Protection Agency (EPA). The lawsuit was filed in the U.S. District Court for the District of Columbia to block EPA's recent reclassification of four federal Clean Air Act orders (waivers) granted to California several years ago. 

EPA's reclassification of these waivers as "rules" instead of orders was made on June 12, 2006, by EPA Administrator Lee Zeldin. As a result, EPA then sent the "rules" to the Republican-controlled Congress for repeal under the Congressional Review Act (CRA).

The reclassification is clearly an attempt to strip California of the authority to implement emission control regulations that are stricter than federal requirements.

The four waivers targeted by EPA are:

• 2008 Stricter Greenhouse Gas Emission Standards for Vehicles that were originally approved under the Obama administration.
• Advanced Clean Cars I (ACC I), which was a 2012 mandate requiring automakers to produce minimum quantities of hybrid and electric vehicles.
• Reinstatement of ACC I, done in 2022 by the Biden administration after the first Trump administration revoked it.
• Small Off-Road Engine Amendment, a 2022 regulation that would phase out the sale of new gas-powered lawn equipment, such as lawnmowers and leaf blowers.

“The Trump Administration is doubling down on its unlawful attack on California’s longstanding authority to address air pollution and adopt clean vehicle and equipment standards that protect our State and residents,” said Attorney General Bonta. “For fifty years, both Democratic and Republican administrations have agreed that EPA Clean Air Act waivers are not rules, and EPA's unlawful attempt to reclassify them — years after the fact — is an illegal attempt to take down these important tools. These latest illegal actions would mean more pollution, poorer air quality, more market uncertainty, and greater health risks for communities already overburdened by emissions. 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.”   

“While the federal government creates chaos and gets caught up in short‑sighted political fights, California is staying focused on our commitment to uphold the right to breathe clean air,” said California Air Resources Board Chair Lauren Sanchez. “Using the Congressional Review Act this way is illegal. It puts the health of millions of Californians at risk by compromising our ability to meet national air quality standards and could cut off critical transportation funding that our communities and businesses rely on. California will not stand by idly — we will defend our authority, protect public health, and continue working toward a cleaner, healthier future.”

As a result of EPA's actions, Congress now has a 60-day window to vote on whether to repeal the "rules," something it would be unable to do if the original classification as orders (waivers) was maintained. Unless the D.C. Court issues an injunction to halt this effort, a simple majority vote in both the House of Representatives and the Senate could nullify California's regulations.