Industry group contests EPA waivers for California ZEV, truck NOx rules

Source: By Inside EPA • Posted: Wednesday, January 8, 2025

An industry group is filing quick legal challenges to EPA’s Clean Air Act preemption waivers for California’s latest Advanced Clean Cars II (ACC II) program and the state’s heavy truck nitrogen oxides (NOx) standards, teeing up what could be the first of multiple suits over the high-profile waivers.

The American Free Enterprise Chamber of Commerce on Jan. 6 filed petitions for review — on the first day of a 60-day window to challenge the two EPA waivers — in the U.S. Court of Appeals for the 9th Circuit, though additional suits could materialize in the coming weeks. But it is not clear that this litigation will be the main venue for disputes over the two waivers, given expectations that the incoming Trump administration will target California’s vehicle emissions rules soon after it takes office, potentially triggering litigation against such Trump administration actions. Trump officials are expected to reverse waivers for at least some of California’s regulations — as occurred during the first Trump administration — particularly those that require increased vehicle electrification.

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