SACRAMENTO, Calif. —
California officials are mounting a fierce legal battle after the U.S. Senate passed legislation aimed at dismantling the state’s longstanding clean vehicle and air policies, state lawmakers announced.
Governor Gavin Newsom and Attorney General Rob Bonta announced from Sacramento that the state will sue to block what they say is an “illegal” use of the Congressional Review Act that would undo California’s Clean Air Act waivers.
“This Senate vote is illegal. Republicans went around their own parliamentarian to defy decades of precedent. We won’t stand by as Trump Republicans make America smoggy again,” said Governor Newsom. “We’re going to fight this unconstitutional attack on California in court.”
At the center of the controversy is Rep. Kevin Kiley (R-Rocklin), whose resolution to repeal California’s ban on gas-powered vehicle sales by 2035 passed both chambers of Congress.
“Californians can be grateful that we have checks and balances,” Kiley stated. “Gov. Newsom’s attempt to unilaterally ban most of the cars in our state could not survive a democratic vote.”
The repeal targets California’s Advanced Clean Cars II waiver, originally granted by the Environmental Protection Agency, which allowed the state to set stricter vehicle emission standards than federal requirements—a power it has held since the Nixon administration. More than 100 such waivers have been granted to California since the Clean Air Act of 1970.
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The dispute is especially significant for areas like the San Joaquin Valley and Los Angeles, where nearly 10 million residents live under “severe nonattainment” ozone pollution conditions, California Democrats stated. These regions experience disproportionately high rates of asthma and cardiopulmonary disease.
“With these votes, Senate Republicans are bending the knee to President Trump once again,” Bonta said. “The weaponization of the Congressional Review Act… is unlawful, and California will not stand idly by.”
Critics say repealing the waivers could cost Californians $45 billion in healthcare expenses. Supporters argue it protects consumer choice. However, environmental groups warn the broader rollback will also increase hazardous emissions nationwide. A related CRA measure passed by the House would allow more than 1,800 industrial sites to emit higher levels of toxins like mercury and arsenic.
“This unprecedented weakening of clean air protections will directly harm public health,” said John Walke of the Natural Resources Defense Council. “We will fight for Americans’ right to clean air.”
