CARB Proposes Emergency Amendments to Defend Regulations
The battle between the state of California and the federal government in regards to environmental regulations continues, with the California Air Resources Board (CARB) proposing what it calls “emergency amendments” to stop going forward with more regulations but still maintain those established during the Biden Administration from 2021-2024.
Details
CARB (and by extension, California) argues that the current Congress and Administration’s decision to revoke previously granted waivers from the Environmental Protection Agency (EPA) to set its own standards, such as the low NOx Omnibus and Advanced Clean Cars II rules, but that if the opposing side is to play hardball, they should at least only go back to regulations circa 2020.
“The congressional resolutions have introduced an unprecedented degree of uncertainty into the California market for new motor vehicles,” CARB wrote. “Specifically, the resolutions purported to invalidate preemption waivers authorizing enforcement of more recently adopted (and more stringent) vehicle emission standards, which themselves had displaced earlier-adopted regulations (applicable to all future model years), for which preemption had also been waived. That has left questions about which regulations apply. There is therefore an emergency need to clarify the law to confirm that, at a minimum, CARB’s earlier-adopted standards, which have extant federal preemption waivers not subject to the recent congressional resolutions, are operative. The goal of the Emergency Vehicle Emissions Regulations is to clarify and ensure that new motor vehicles can be sold in California despite the unprecedented uncertainty introduced by the federal government into CARB’s longstanding regulatory program. These amendments will ensure that new vehicles and engines sold in California will, at a minimum, meet the emission standards and requirements for which U.S. EPA has granted a waiver that was not targeted by the congressional resolutions.”
As with everything else going on in the current Administration (only three years left to go!), it will slowly travel through the court system until a resolution is decided.
Conclusion
CARB brings up an interesting point as to how far a new Administration is allowed to go in terms of redirecting the efforts of a prior one. If President Trump is allowed to do a complete 180 on everything Biden did, who is to say that the next time a different political party is in power they simply will not do the same to the Trump Administration? It seems every time there is a change in the balance of power, the first six months of operations for the new boss is to undo everything the old boss did, wiping out 12.5% of the president’s term just undoing the previous term. But such is the life of politics, not of trucking.
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