Judge Blocks EPA Effort to Repeal California Emissions Waivers
U.S. District Judge Beryl Howell blocked the EPA from reclassifying California's vehicle emissions waivers to facilitate their repeal by Congress.
U.S. District Judge Beryl Howell issued a preliminary injunction blocking the Environmental Protection Agency from sending California's vehicle emissions waivers to Congress for potential repeal. The EPA had attempted to reclassify these waivers as regulations, a move that would have allowed the Republican-controlled Senate to repeal them using a simple majority under the Congressional Review Act.
California sued to stop the reclassification, arguing that waivers are not regulations and are therefore ineligible for the Congressional Review Act. Judge Howell granted the injunction, accusing the EPA of "gamesmanship" and "Orwellian doublethink" for ignoring legal inconsistencies to achieve a policy goal. She stated that such actions undermine honest compliance with the law and noted that the agency cannot ignore the consequences of reclassifying waivers as rules while reporting otherwise to Congress.
The ruling requires the EPA to restore the status quo as it existed before June. This decision prevents the immediate repeal of California's authority to set independent emission standards for cars, trucks, and garden equipment, a power the Trump administration has sought to restrict to favor gas-powered vehicles.