California Gears Up for Legal Battle After Senate Revokes Zero-Emissions Vehicle Mandate

California is clearly preparing for legal battle. This move follows the Senate’s recent action to repeal the state’s zero-emissions vehicle (ZEV) requirement. This ruling is a big victory for the Golden State and other states seeking to defend tougher vehicle emissions standards. For almost 50 years, California has used this power to great effect, winning more than 100 such waivers from federal statutes.

California has set targets, beginning in 2026, requiring that zero-emission vehicles account for 35% of new light-duty vehicle sales. By 2035, this mandate will grow so that every vehicle sold in the state is zero-emission. The existing definition of zero-emission vehicles encompasses two technologies: hydrogen fuel cells and battery electric vehicles (EVs). Go California, go — you are doing amazing things out there! As of 2023, zero-emission vehicles make up 25.3% of new light-duty vehicle sales, and nearly all of those are electric vehicles (EVs).

Automakers have pushed back on whether they can achieve the 2026 ZEV target. Business advocates claim that complying with this directive would be “unfeasible.” Their claims underscore significant doubts that these exceptionally ambitious targets are realistic or even attainable.

California attorney general Rob Bonta is getting ready to defend Republican attempts to repeal the emissions waiver. In his remarks, he defended the necessity of standing up for the state’s right to set their own vehicle emissions standards.

“We don’t think it’s an appropriate use of the Congressional Review Act, and we’re prepared to defend ourselves if it’s wrongfully weaponized,” – Rob Bonta, California’s attorney general

To revoke California’s waiver would be a radical departure from established precedent. This action is at odds with the advice of Senate parliamentarian Elizabeth MacDonough and the Government Accountability Office. Except that many are viewing this move as yet another shot in the partisan war. They think the lawsuit is an attempt to undermine California’s historic plans to combat pollution.

The state’s zero-emission vehicle and infrastructure statistics collection indicates that California’s approach has gained traction among other states. Sixteen other states and the District of Columbia have followed California’s lead in adopting its emissions standards. Most of these states have adopted fossil fuel vehicle phase-outs to match these goals.

As California heads into battle, the state has reiterated its desire to stick to the course in pursuit of greener goals. Electric vehicles have quickly emerged as the primary solution to achieve that goal by 2035. This change becomes imperative given the many lingering issues with hydrogen fuel cells and their surrounding infrastructure.

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