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California, 10 other states sue to block Trump from killing 2035 EV rules

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California, 10 other states sue to block Trump from killing 2035 EV rules

Eleven states, led by California, are suing the U.S. government over the repeal of California's 2035 electric vehicle mandate and heavy-duty truck requirements, arguing the repeal is unlawful and undermines clean air efforts. President Trump signed resolutions nullifying California's EV sales mandates and diesel engine rules, citing the need to protect the U.S. auto industry, a move praised by the Alliance for Automotive Innovation but criticized by California Governor Newsom and experts who believe it devalues Tesla's EV emissions credits. The lawsuit contends the repeal circumvents lawful procedures and challenges the EPA's rescission of waivers granted under President Biden, while a separate bill in Congress aims to eliminate EV tax credits and impose new fees.

Analysis

A significant legal and regulatory battle is unfolding as eleven states, spearheaded by California, have filed a lawsuit challenging the federal government's repeal of California's 2035 electric vehicle (EV) mandates and heavy-duty truck emission requirements. President Trump enacted this repeal, arguing it was necessary to protect the U.S. auto industry from what he termed destructive mandates, a sentiment echoed by the Alliance for Automotive Innovation—representing major automakers like General Motors, Toyota, and Stellantis—which cited concerns over achievability, affordability, consumer choice, and competition. Conversely, California Governor Gavin Newsom views the repeal as an assault on clean air and U.S. global competitiveness. The lawsuit contends the repeal, affecting rules mandating 80% EV sales by 2035 and stricter heavy-duty truck emissions, was executed through an 'illegal playbook,' bypassing lawful procedures, an argument potentially supported by a Government Accountability Office finding that such waivers cannot be repealed under the Congressional Review Act. This regulatory reversal is noted by experts and automakers to significantly diminish the value of Tesla's EV emissions credits. Compounding the uncertainty, separate legislative efforts are underway, including a House bill to terminate the $7,500 EV tax credit and impose new EV fees, and a Senate proposal to eliminate fuel economy penalties, signaling a broader potential shift in U.S. policy away from incentivizing EV adoption.