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Republican AGs Sue California Over 2035 Gas Car Ban, Citing Consumer Choice Concerns

A coalition of Republican Attorneys General is challenging California's ban on gas-powered vehicles, arguing it infringes on consumer choice and economic freedom. Learn more about the legal battle.

GOP Attorneys General File Lawsuit Against California's 2035 Gas Car Ban

A significant coalition of Republican Attorneys General (AGs) is legally challenging California's Advanced Clean Cars II regulation, which mandates a complete shift to zero-emission new vehicle sales by 2035. They argue the rule is an overreach of state power that curtails consumer choice and economic freedom. The lawsuit aims to block the mandate, contending it unfairly restricts individuals' vehicle choices and could negatively impact the national economy, particularly in states not adopting California's standards.

The Advanced Clean Cars II rule, adopted by the California Air Resources Board (CARB), mandates that 100% of new cars and light trucks sold in California be zero-emission by 2035.

Concerns Over Economic Impact and Consumer Freedom

Concerns Over Economic Impact and Consumer Freedom

The AGs leading the lawsuit highlight significant economic concerns and impacts on personal freedom. They argue the mandate will hit lower- and middle-income families hardest, potentially pricing them out of the new car market due to current EV costs. Further concerns include the adequacy of the nation's power grid to handle widespread EV charging, the need for extensive charging infrastructure buildout, and geopolitical risks tied to sourcing critical battery materials. One Attorney General articulated the group's stance: "This isn't just about regulating vehicles; it's a step towards broader government control impacting everyday life. We are fighting to prevent federal policy from being dictated by one state's regulations."

Critics of the ban argue that it could lead to higher vehicle prices, reduced consumer choice, and increased reliance on foreign nations, particularly China, for battery production.

Legal Arguments: State Sovereignty and the Clean Air Act

The legal challenge centers on whether California's rule exceeds the authority granted under the Clean Air Act. While the Act allows California to set its own stricter vehicle emission standards under an EPA waiver, the AGs contend that mandating a specific technology (zero-emission vehicles) and effectively banning another (gasoline engines) goes beyond regulating emissions. They also assert the rule infringes upon the sovereignty of other states, as federal law allows other states to adopt California's standards, thereby potentially forcing a nationwide policy shift driven by one state.

The Biden Administration's Stance and Potential Implications

The Biden Administration's Stance and Potential Implications

The Biden administration has generally supported California's authority to set stricter emission standards, granting the necessary Clean Air Act waiver for the Advanced Clean Cars II rule. This lawsuit directly challenges that decision and the administration's broader climate goals. A successful challenge could significantly curtail California's regulatory power on vehicle emissions, potentially slowing the nationwide transition to EVs, as numerous states often follow California's lead. The outcome holds major implications for the U.S. auto industry's future and national energy strategy.

Consumer Choice Under Threat?

Central to the Republican AGs' case is the principle of consumer choice. They argue that Americans, not government mandates, should decide what type of vehicle best fits their needs, budget, and lifestyle. The AGs advocate for a market-driven approach, where technological innovation and consumer preference, rather than regulatory bans, guide the evolution of transportation towards cleaner options.

Looking Ahead: The Battle in the Courts

This legal battle is expected to be lengthy, involving complex arguments over environmental law, states' rights, and economic impacts. The courts must balance California's authority to address pollution under the Clean Air Act against the sovereignty of other states and the economic concerns raised. The final decision could profoundly shape future environmental regulations, influence the pace of EV adoption, and impact the U.S. auto industry for years to come. The plaintiff AGs remain focused on defending what they view as their states' autonomy and their constituents' freedom of choice.