California’s aggressive environmental agenda has historically relied on obtaining waivers from the federal government to allow state officials to implement more stringent regulations than those that exist under state law. In particular, California has received permission to establish its own standards for the Clean Air Act (Act) that have resulted in significantly more rigorous reductions for vehicle emissions. For decades, the waivers that have guided California environmental policy have been an important tool in its implementation of the Act. But the long-standing arrangement that developed between the federal government and California over such legislation may change under the current administration and the new leadership of the Environmental Protection Agency (EPA).

The Act has long been at the forefront of the state’s battle against climate change. The original legislation called for a return to emissions levels as they were in 1990 within the next 3 years. Subsequent legislation required an additional reduction in emissions of 40% by 2030. The Bush Administration had opposed the stringent suggestions put forth by the California legislature during his term.  Eventually, these target levels were adopted for the entire nation under President Obama. But President Trump’s choice to head the EPA, former Oklahoma Attorney General Scott Pruitt, has indicated a desire to implement federal target levels that fall far below the state’s standards. It seems likely that California will continue to appeal to its waiver, along with other states that have similarly passed tougher regulations.

Even so, opposition from the federal government will pose significant challenges for the state. For example, an essential part of California’s target emissions plan is an incentive program that seeks to place 4.2 million electric cars in the state by 2030. With only 265,000 such cars in the state as of February, that target may be difficult to achieve, and appealing to the federal government to approve a change in the program does not appear likely to happen. Moreover, if the federal government relaxes pollution standards under the Act but rejects California’s request for a waiver to uphold stricter standards, there may not be much the state can do to reverse this position.

Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.