Biden administration grants California waiver to ban gas car sales in 2035

The Biden administration on Wednesday approved California's trailblazing rules that would set stricter-than-federal emissions standards, in a bid to ban gas car sales by 2035.

In doing so, the Environmental Protection Agency (EPA) granted two requests from the California Air Resources Board (CARB) for waivers that would allow for the implementation of two rules: the Advanced Clean Cars II regulations for light-duty vehicles and a low-nitrogen oxide regulation for heavy-duty highway and off-road vehicles and engines.

California is able to set such standards through a clause in the 1970 Clean Air Act, which was written amid historic smog conditions in the Los Angeles region. But the Golden State must first apply to the EPA for a waiver for each rule it wants to set — and only then can other states follow suit.

But the ability of California — and its fellow tailpipe rule adopters — to uphold the stricter-than-federal emissions regulations remains uncertain, as the incoming Trump administration has repeatedly vowed to revoke any waivers granted.

On Friday, the Supreme Court granted a petition from the oil industry seeking to revive a lawsuit against the Biden administration’s presumed reinstatement of California’s clean cars program.

Nonetheless, the Advanced Clean Cars II rule as approved on Wednesday will allow California to require that 35 percent of cars sold in the state in 2026 to be zero-emissions, 68 percent in 2030 and 100 percent in 2035.

The nitrogen oxide rule, also known as the "Omnibus regulation," will cut heavy-duty nitrogen oxide emissions by 90 percent, revamp engine testing procedures and further extend engine warranties.

“California has longstanding authority to request waivers from EPA to protect its residents from dangerous air pollution coming from mobile sources like cars and trucks,” EPA Administrator Michael Regan said in a statement.

“Today’s actions follow through on EPA’s commitment to partner with states to reduce emissions and act on the threat of climate change,” Regan added.

California Gov. Gavin Newsom (D) applauded the EPA's action, stressing in a statement that "clean cars are here to stay."

"With more makes and models available than ever before, millions of Californians have already made the switch to clean cars," the governor continued.

Adding that automakers have made clear that they will be sticking around in California, Newsom touted the ability of zero-emission vehicles to "save people money."

"Naysayers like President-elect Trump would prefer to side with the oil industry over consumers and American automakers, but California will continue fostering new innovations in the market," the governor added.

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