Trump Administration Appeals Court Block on California Emissions Repeal

The Trump administration appealed a federal court ruling on September 15 that blocked the United States Environmental Protection Agency from using the Congressional Review Act to fast-track the repeal of California's vehicle emissions rules. U.S. District Judge Beryl Howell previously ruled that the EPA acted improperly by attempting to repeal waivers that allow California to set stricter emissions standards for trucks, cars, and garden equipment.

California argued that these waivers do not constitute regulations and are therefore ineligible for repeal via the Congressional Review Act. A successful appeal by the federal government could indefinitely prevent California from regulating tailpipe emissions.

In a related development, the United States House of Representatives is scheduled to vote this week on repealing California's environmental rules for commercial harbor craft and ocean-going vessels. This legislative action proceeds despite a similar ruling by Judge Howell declaring such a repeal improper.