Attorney General Dan Rayfield alongside a coalition of 9 attorneys general filed a lawsuit today against the federal government, challenging the unprecedented and unlawful use of the Congressional Review Act (CRA) to disapprove California’s waivers for its Advanced Clean Cars II (ACCII), Omnibus, and Advanced Clean Trucks (ACT) standards, which Oregon subsequently adopted. The lawsuit pushes back against a recent move by federal lawmakers to undo environmental protections that California, and states like Oregon, rely on to cut air pollution from cars and trucks.
The federal government used an unusual and legally questionable tactic to try and reverse these waivers granted to let California – and other states who choose to follow – set stricter vehicle emission standards.
“These clean air standards aren’t just about cars – they’re about protecting Oregonians’ health, our environment and our future,” said Rayfield. “Oregon adopted these rules because we’re already seeing the impacts of air pollution and climate change in our communities, from worsening wildfires to rising asthma rates in kids. The Trump Administration’s attempt to strip away our right to protect ourselves undermines the choices we’ve made as a state.”
What’s at Stake:
Cars and trucks are the largest source of greenhouse gas emissions in the U.S. They also release other harmful pollutants that cause smog and worsen asthma, heart disease and even cancer. Under the Clean Air Act, California has long been allowed to set stronger emissions standards than the federal government, and other states can adopt those standards, too. Oregon has done just that.
In 2023, the Environmental Protection Agency (EPA) approved California’s new clean vehicle rules, which include:
- Advanced Clean Cars II (ACC II): Requires automakers to sell more zero-emission cars and plug-in hybrids, with a goal of 80% of new cars being zero-emission by 2035. The Oregon Environmental Quality Commission (EQC) adopted these standards in 2022.
- Advanced Clean Trucks (ACT): Speeds up the transition to zero-emission trucks and delivery vehicles. The Oregon EQC adopted these standards in 2021.
- Heavy-Duty Omnibus Rule: Requires diesel and gas-powered trucks to meet tougher pollution standards for nitrogen oxides (NOx), which contribute to smog. The Oregon EQC adopted these standards in 2021.
The Legal Issue:
Rather than going through the normal legal process, the Trump Administration used a loophole called the Congressional Review Act (CRA) to try to block these waivers. But the CRA only applies to review of regulations, and these waivers aren’t regulations—they’re approvals for state programs—which means the CRA doesn’t apply to them.
Despite that, the U.S. House and Senate passed resolutions disapproving the waivers, and now the administration is trying to treat them as void. The lawsuit argues that this is unconstitutional and violates several federal laws.
What the Lawsuit Seeks:
The multistate coalition is asking the court to:
- Strike down the federal resolutions that disapprove the clean air waivers.
- Require the federal government to honor the Clean Air Act and the waivers granted to California.
- Protect the right of states like Oregon to keep strong emissions standards in place.
Joining Attorney General Rayfield in this lawsuit are the attorneys general of Colorado, Delaware, Massachusetts, New Jersey, New Mexico, New York, Rhode Island, Vermont, and Washington.
