Massachusetts Attorney General Andrea Joy Campbell has joined a coalition of attorneys general from nine other states in a legal challenge to the use of the Congressional Review Act (CRA) to overturn California’s vehicle emissions waivers. These waivers, granted by the U.S. Environmental Protection Agency (EPA), allow California to set stricter vehicle emissions standards than the federal government. Massachusetts and other states have adopted these standards.
According to Mass.gov, the lawsuit argues that the Trump Administration’s attempt to use the CRA to revoke these waivers is unlawful and sets a concerning precedent. In a public statement, AG Campbell said, "The Congressional Review Act was not designed to undermine a state's right to set and enforce its own public health standards simply because the President opposes them."
Under the Clean Air Act, the EPA is responsible for setting emissions standards to address air pollution. California has historically implemented more stringent standards, with EPA approval. Since 2023, the EPA has approved three waivers for California’s emissions programs: the Advanced Clean Cars II (ACCII), Omnibus, and Advanced Clean Trucks (ACT) programs. Massachusetts has adopted these programs.
The coalition of attorneys general argues that the CRA was not intended to apply to individual EPA waiver decisions, which have not traditionally been subject to congressional review under the CRA. They assert that using the CRA in this context may conflict with federal law, including the Clean Air Act and the Administrative Procedure Act.
The lawsuit seeks a judicial ruling to block the use of the CRA to overturn California’s emissions waivers. Attorneys general from California, Colorado, Delaware, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington have joined the legal effort. They argue that states should be allowed to maintain stricter emissions standards if granted a waiver by the EPA.
