Yesterday, NACS filed a motion to dismiss California’s lawsuit challenging Congressional Review Act (CRA) resolutions enacted by Congress and signed by President Trump earlier this year.
The CRA resolutions overturned EPA waivers issued under President Biden, which allowed California to implement its own rules as an alternative to federal Clean Air Act standards. The now-blocked California rules, which several other states later adopted, set motor vehicle emission standards that over time would require 100% of new vehicles sold in California to be “zero emission” electric vehicles.
In its lawsuit, California claims that the special procedures of the CRA could not legally be used to overturn the EPA waivers. NACS is intervening in the lawsuit to defend the legality of the CRA resolutions and, in yesterday’s motion, it set forth substantive and procedural arguments for why California's lawsuit should not be allowed to proceed.
When the CRA resolutions were enacted in June, NACS President and CEO Henry Armour said: “By signing these resolutions into law, President Trump is helping restore consumer choice to the transportation energy market by permitting fair competition among the fuel technologies that American drivers demand. We also appreciate the leadership of U.S. Environmental Protection Agency Administrator Lee Zeldin, Representatives John Joyce (R-PA) and John James (R-MI), Senators Shelley Moore Capito (R-WV) and Deb Fischer (R-NE), and the bipartisan group of Congressional supporters who saw this effort through to the President’s desk.”