Lawsuit addresses the Trump Administration’s unprecedented and unlawful attempt to purportedly disapprove Clean Air Act waivers authorizing clean cars and trucks regulations
Vermont Business Magazine Attorney General Charity Clark today joined a coalition of 10 state attorneys general in filing a lawsuit against the Trump Administration, 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 – standards Vermont has adopted. The federal government’s approach, using the CRA to bypass Clean Air Act requirements, is unprecedented.
“Vermonters believe in protecting our environment and we understand the importance of transitioning to cleaner cars and trucks. Our ability to follow California’s stricter standards is vital,” said Attorney General Clark. “And, critically, Congress cannot circumvent the processes enshrined in the Clean Air Act. This use of the Congressional Review Act is an inappropriate overreach.”
The Clean Air Act requires the EPA to set emission standards for pollutants from new motor vehicles that cause or contribute to air pollution that endangers public health. The Clean Air Act allows only California to adopt and enforce requirements that are more stringent than EPA’s with what’s called a “preemption waiver” from the EPA. Once the EPA grants California a preemption waiver, Vermont may adopt California’s standards and does not need a waiver of its own.
Since 2023, the EPA has granted California three preemption waivers. Historically, the EPA—under both Democratic and Republican administrations—has granted California more than seventy-five preemption waivers for updates to its motor vehicle emission program. As Congress intended, these waivers have allowed California and other states, including Vermont, to improve their vehicle emission programs.
Now, under the direction of President Trump, the EPA has transmitted these California waivers to Congress as “rules” subject to CRA procedures, and Congress used the CRA to essentially rollback the waivers without the appropriate process. But, the EPA’s consistent and longstanding position, under both Republican and Democratic administrations, is that waiver decisions are not “rules.” And, the three waivers at issue explicitly say they are not rules.
The complaint filed today alleges that the attempt to invalidate California’s waivers violated constitutional principles of federalism and separation of powers, the Take Care Clause, and multiple federal statutes including the Congressional Review Act and Administrative Procedure Act. The complaint asks the court to declare the CRA resolutions to be unlawful and to require the Administration to implement the Clean Air Act consistent with the granted waivers.
Joining Attorney General Clark in filing the lawsuit are the attorneys general of California, Colorado, Delaware, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
A copy of the complaint is available here.
Today’s lawsuit is the third environmental lawsuit, and the nineteenth case overall that Attorney General Clark has brought against the Trump administration since President Trump took office in January. For more information on actions taken by the Attorney General on behalf of Vermonters, visit our website at ago.vermont.gov/ago-actions.
6.12.2025. MONTPELIER, Vt. – Attorney General
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