California’s strict pollution and clean air laws will remain in place, at least for now, after a federal judge granted a preliminary injunction in a lawsuit against the Trump administration. [some emphasis, links added]
For decades, the Clean Air Act has allowed California to set tougher emissions rules for cars, ships and other vehicles than the rest of the country, using special permissions known as waivers.
While many Republican and Democratic presidents have granted these waivers to California, Republican President Donald Trump has objected because Golden State rules are harming consumers and the economy.
In June, Trump and Environmental Protection Agency Administrator Lee Zeldin sought to reclassify four Clean Air Act preemption waivers as rules subject to congressional repeal.
Soon after, California Attorney General Rob Bonta and Gov. Gavin Newsom, both Democrats, and California’s Air Resources Board (CARB) filed a lawsuit calling the federal EPA’s efforts an “unlawful attempt to circumvent administrative procedure and attack state emissions rules.”
The lawsuit was filed in the U.S. District Court for the District of Columbia. Judge Beryl Howell, an Obama appointee, granted the preliminary injunction on Wednesday.
While this is a temporary win for California, Bonta called it “a key victory” against the Trump administration.
“When it comes to environmental integrity, posterity demands that we act,” said Bonta in a press release. “The bottom line is that California is taking many steps forward to protect the environment and public health while President Trump is taking six steps back.”
When asked to comment, the White House referred The Center Square to the EPA, which said it is considering mediation appeal options.
Meanwhile, Larry Behrens of Power the Future, a nonprofit dealing with energy issues, said the costly emission standards are typical for the Golden State.
“California already pays the highest prices in America for nearly everything, yet Gavin Newsom and Rob Bonta are fighting to preserve mandates that will make life even more expensive,” the Power the Future communications director told The Center Square. “President Trump and Administrator Zeldin are right to challenge a system that allows California’s costly mandates to spread far beyond its borders.”
While admitting that the injunction is a “setback for affordability and common sense,” Behrens added that it “does not change the fact that Californians are paying the price for the green agenda.”
For several years, California has had the highest gas prices in the nation. That was true again Thursday, with California’s average at $5.78 a gallon. The national average is $4.14, according to AAA.
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