Attorney General Bonta Secures Preliminary Injunction in Lawsuit Challenging Trump Administration’s Attack on Clean Air Act Waivers
OAKLAND — California Attorney General Rob Bonta today secured a preliminary injunction in the ongoing challenge against the U.S. Environmental Protection Agency’s (EPA) attack on California's emission standards. In June 2026, President Trump and EPA Administrator Lee Zeldin purported to reclassify four Clean Air Act preemption waivers — previously granted to California to improve air quality and protect public health — in an unlawful attempt to circumvent administrative procedure and attack state emissions rules. Shortly thereafter, Attorney General Bonta, California Governor Gavin Newsom, and the California Air Resources Board (CARB) filed a lawsuit in the U.S. District Court for the District of Columbia challenging the reclassifications, but the EPA then moved to reclassify two additional preemption waivers before the court even had an opportunity to rule. Today, the district court rejected EPA’s “gamesmanship,” concluding it “may seem like a clever policy move, but undermines honest compliance with the law, which is what Americans should expect from executive branch agencies.” The court’s order requires EPA to withdraw or correct its unlawful reclassifications and refrain from giving them — or other reclassifications — any effect.
“When it comes to environmental integrity, posterity demands that we act. The bottom line is that California is taking many steps forward to protect the environment and public health while President Trump is taking six steps back,” said Attorney General Bonta. “For 50 years, both Democratic and Republican administrations have upheld California’s authority to enforce state emission standards, but this administration thinks it can roll back the clock and sow chaos even while our lawsuit plays out in court. Today’s decision is a key victory that rebuffs President Trump’s prior efforts. Federal emission standards should be a baseline to protect our future, not a ceiling to limit it.”
BACKGROUND
In June 2026, the EPA purported to reclassify four Clean Air Act preemption waiver orders into rules subject to congressional disapproval and sent them to Congress in apparent pursuit of such disapproval. The four waivers, which apply to emissions standards for cars and small offroad engines, enable California to enforce state-level emission standards to address air pollution. In July 2026, the EPA purported to reclassify two additional preemption waivers, specifically for emissions from ocean-going ships in port and commercial harbor craft, while the others were being challenged in court. In the more than 50 years since the Clean Air Act was enacted, waivers have never been considered rules subject to congressional disapproval. Nor have any other agency orders that adjudicate requests for permission, such as oil and gas leases or mining permits. However, the EPA purported to reclassify these waivers as rules and submitted them to Congress in an unlawful attempt to end-run administrative procedure and attack California’s authority to protect its own communities and environment.
The Clean Air Act requires the EPA to set federal emission standards for air pollutants that endanger public health or welfare. The Act also allows California to adopt more stringent emission requirements independent of the EPA’s regulations, and the Act requires the EPA to approve preemption waivers for California’s requirements absent certain, limited circumstances not present here. Historically, the EPA — under both Republican and Democratic administrations — has granted California more than 75 preemption waivers for updates to the state’s emissions control programs. As Congress intended, these waivers have allowed California to improve those programs, which pre-existed the federal government’s efforts to regulate these emissions via the Act. Today’s preliminary injunction requires the EPA to restore the longstanding status quo by withdrawing or correcting its reclassifications and refraining from giving those actions any effect.
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
