The Two Hundred for Homeownership v. California Air Resources Board

The Two Hundred for Homeownership and two individuals filed a lawsuit against the California Air Resources Board (CARB) in the federal district court for the Eastern District of California to challenge the Advanced Clean Cars II regulation that requires all new cars and light trucks sold in California to be zero-emission vehicles by 2035. The petitioners alleged that the regulation would have disproportionate adverse impacts on them and other members of disadvantaged minority communities because it would harm their ability “to gain access to necessary, affordable and reliable transportation.” They contended (1) that the regulation violated their due process rights under the U.S. and California Constitutions because the regulation was “not rationally calculated to further the State’s legitimate interest in reducing emissions of GHG and other pollutants caused by motor vehicles” and (2) that it violated their equal protection rights under the U.S. and California Constitutions by making affordable private transportation unavailable to members of minority communities as compared with non-minority persons. The petitioners also asserted violations of the California Administrative Procedure Act’s (APA’s) “necessity” prong because CARB allegedly failed to independently verify that the regulation was needed to comply with California’s statutory target of 40% lower greenhouse gas emission reductions by 2030. Other APA violations alleged by the petitioners included a lack of authority to phase out sales of internal combustion engine vehicles, inconsistency with constitutional and statutory protections, and failure to comply with procedural requirements. In addition, the petitioners alleged that CARB violated the California Environmental Quality Act.