California filed suit in the federal district court for the District of Columbia asserting that EPA could not lawfully reclassify four Clean Air Act preemption waivers for California emissions standards for vehicles and small equipment from “orders” to “rules” in order to make the waivers subject to disapproval under the Congressional Review Act (CRA). The waivers at issue in this case were granted in 2009, 2013, 2022, and 2024 and authorized enforcement of California’s first greenhouse gas emissions standards for new motor vehicles, California’s Advanced Clean Cars I regulation, and regulations requiring manufacturers to transition to zero-emission small equipment such as leaf blowers and lawnmowers. EPA announced on June 12, 2026 that it had determined that each of the four waivers was now a rule and that EPA was therefore obligated to submit the waivers to Congress for review under the CRA. California asserted that the reclassifications violated the Administrative Procedure Act because they were arbitrary and capricious, undertaken with no public process, outside EPA’s authority, and not in accordance with law. In addition, California asserted a separate claim that EPA’s actions were ultra vires. California asked the court for declaratory relief as well as preliminary and permanent injunctive relief.

State of California challenge to EPA's reclassifications of five Clean Air Act preemption waivers for California vehicle and small equipment emissions standards as “rules” subject to the Congressional Review Act.

California v. EPA

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California Challenged EPA Reclassifications of Clean Air Act Preemption Waivers as “Rules” Subject to Congressional Review Act

Filed

United States of America

District of Columbia

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California Challenged EPA Reclassifications of Clean Air Act Preemption Waivers as “Rules” Subject to Congressional Review Act

Policy instrument

Risk

Impacted group

Just transition

Greenhouse gas

Economic sector

Finance