Press Release: 6/13/2025

AG Campbell Joins Lawsuit Challenging Trump Administration's Attacks on State Clean Vehicles Programs

 

Challenges the Trump Administration’s Unprecedented and Unlawful Use of the Congressional Review Act to Disapprove States’ Right to Adopt More Stringent Vehicle Emissions Standards 

FOR IMMEDIATE RELEASE:

6/12/2025

MEDIA CONTACT

Kennedy Sims, Deputy Press Secretary

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Call Kennedy Sims, Deputy Press Secretary at (617) 727-2543

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Email Kennedy Sims, Deputy Press Secretary at Kennedy.Sims@mass.gov

BOSTON — Massachusetts Attorney General Andrea Joy Campbell today joined a coalition of 10 attorneys general in filing a lawsuit against the Trump Administration, including the Environmental Protection Agency (EPA), challenging the illegal and unprecedented use of the Congressional Review Act (CRA) to disapprove California’s waivers for its Advanced Clean Cars II (ACCII), Omnibus, and Advanced Clean Trucks (ACT) standards, which Massachusetts subsequently adopted. The Administration’s actions deny the filing states the right to enforce vehicle emissions standards needed to achieve each state’s goals and protect their residents from harmful pollution. 

“The Congressional Review Act was not designed to undermine a state’s right to set and enforce its own public health standards simply because the President opposes them,” said AG Campbell. “I will continue to fight against illegal policies that harm our residents and thwart our climate goals.”

The Clean Air Act requires EPA to set federal emission standards for air pollutants from new motor vehicles or new motor vehicle engines that cause or contribute to air pollution that endangers public health or welfare. But the Clean Air Act also allows California to adopt more stringent emission requirements than EPA, because California was the only state that had its own vehicle emissions standards before the passage of the Federal Clean Air Act. California can enforce its standards if EPA grants California a preemption waiver. The Act requires EPA to approve waivers for California’s rules absent certain, limited circumstances not present here. Once EPA grants California a waiver, Massachusetts may adopt California’s standards and does not need a waiver of its own. Since 2023, EPA has granted California three waivers, allowing it to enforce the ACCII, Omnibus, and ACT programs, and Massachusetts has adopted each of those programs as its own. Historically, EPA, under both Democratic and Republican administrations, has granted California more than 75 preemption waivers for updates to its new motor vehicle emissions control program. As Congress intended, those waivers have allowed California, and the states that adopted California’s standards, to improve on their vehicle emissions programs.

Motor vehicle emissions contribute to the formation of smog, as well as fine particle pollution and toxic air pollution, all of which are linked to premature death, respiratory illness, cardiovascular problems, and cancer, among other serious health impacts. Transportation is also the leading source of greenhouse gas emissions in the country, and cars and trucks account for 80% of those transportation emissions.

Massachusetts has a strong interest in curbing greenhouse gas emissions to mitigate the worst impacts of climate change, which are being felt in every corner of the Commonwealth, especially in already overburdened communities. Electric vehicles result in approximately 79% less carbon dioxide emissions statewide than their gasoline powered counterparts. Those programs are a critical component of the Commonwealth’s efforts to protect its residents and meet its statutorily mandated greenhouse gas emission-reduction goals. 

Under ACCII, which Massachusetts adopted in 2022, and enforcement discretion issued by the Massachusetts Department of Environmental Protection (MassDEP), automakers must continue to sell an increasing number of zero-emission vehicles in Model Year 2028 and beyond. By model year 2035, manufactures must be able to show that 100% of the passenger vehicles sold in Massachusetts are zero-emission. They may meet this requirement in a variety of ways, including selling up to 20% plug-in hybrids and accruing credits through several options detailed in the regulations. 

The Advanced Clean Trucks regulations, which Massachusetts adopted in 2021, aim to accelerate the widespread adoption of zero emission vehicles in the medium and heavy-duty truck sector, are similarly critical for Massachusetts’ efforts to meet air quality standards and protect public health. And the Omnibus regulation, which Massachusetts also adopted in 2021 and which becomes effective for Model Year 2026, requires internal combustion heavy-duty trucks sold in Massachusetts to meet strict standards for oxides of nitrogen (NOx) emissions, which are major contributors to smog formation. 

Under the direction of President Trump, EPA transmitted the three California waivers to Congress as “rules” subject to CRA procedures, even though the three waivers state EPA’s consistent and longstanding position under both Republican and Democratic administrations that waiver decisions are not “rules.” The Republican-controlled U.S. House of Representatives and the Senate illegally used the CRA to target California’s Clean Air Act waivers even though the CRA does not apply to such waiver decisions.  

According to the attorneys general, waivers have never been subject to the CRA nor have any other agency orders for permission, such as oil and gas leases or mining permits. The Administration’s actions undermine states’ authority to set specific standards and limitations on decarbonization through motor vehicle emissions to protect the health and safety of their residents.

The complaint filed today alleges that the attempt to invalidate California’s waivers violated constitutional principles of federalism, the Take Care Clause, and multiple federal statutes including the Congressional Review Act and the Administrative Procedure Act.  The complaint asks the court to declare the CRA resolutions to be unlawful and to require the Administration to implement the Clean Air Act consistent with the granted waivers. 

Joining AG Campbell in filing the lawsuit are the attorneys general of California, Colorado, Delaware, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.  

A copy of the complaint is available here.