EPA Reinstates California’s Authority to Set Stricter Auto Emission Standards

The U.S. Environmental Protection Agency on March 9 reinstated a waiver issued under the Clean Air Act allowing California to pursue its own tailpipe pollution standard and zero-emission vehicle mandate, reversing a Trump-era action. The move also allows other U.S. states to adopt California’s clean cars program.

In 2019, under the Trump administration, the agency withdrew the 2013 waiver under the first phase of the Safer Affordable Fuel-Efficient, or SAFE, rule, affecting more than a dozen states that have adopted California’s clean cars program. The SAFE rule established one set of national fuel economy and emissions standards, weakening an Obama-era rule in one of the largest deregulatory actions of the Trump administration.

In December 2021, EPA replaced the SAFE rule and set new standards for cars and light trucks for model years 2021 to 2026 in response to a January 2021, executive order directing EPA to consider whether to propose suspending, revising, or rescinding the SAFE rule.

The announcement by the EPA is a significant step forward, in the U.S. reaching its net-zero emissions goal by 2050. As part of the goal set out by President Biden, an all-electric, zero-emissions transportation future is paramount. Furthermore, the standards are cost-effective and achieve significant public health and welfare benefits.