Trump moves to overturn California's emission laws
A new review could let Congress roll back California’s EV mandate
The battle over the future of gas-powered cars in the U.S. is heating up again. President Trump’s new Environmental Protection Agency (EPA) chief, Lee Zeldin, has begun reviewing California’s pollution waivers—waivers that allowed the state to effectively ban new internal combustion engine (ICE) vehicles by 2035.
If Zeldin's review leads to congressional action, it could reverse California’s authority to set its own emissions rules and upend EV adoption plans across multiple states.
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A state rule with national consequences
California’s Clean Cars II program, approved during the Biden administration, requires that all new vehicles sold in the state be zero-emission by 2035. The rule is backed by special EPA waivers that allow California to set stricter emissions standards than federal regulations. Other states, including New York and Washington, have pledged to follow suit, collectively covering nearly 30% of the U.S. auto market.
Trump revoked California’s authority to set its own standards during his first term, but after winning the 2020 election, President Biden restored it to support climate change efforts. Now, Zeldin is pushing to send the matter to Congress, where Republican lawmakers could overturn the waivers using the Congressional Review Act.
“We will submit it to Congress [who] will have the opportunity, through the Congressional Review Act, to make that waiver go away,” Zeldin said on Friday, standing alongside President Trump. “We will do everything in our part to help the American people to make life in America more affordable.”
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The impact on automakers and consumers
The move introduces new uncertainty for automakers, many of whom have spent years planning for a transition away from gas-powered vehicles. Major car companies have invested billions into EV production, expecting that ICE vehicles would be largely phased out in certain states within a decade. If the California waivers are repealed, manufacturers could be forced to rethink their strategies, potentially reverting to ICE models in states that would have banned them.
Dealers, however, might welcome the change. The EV market has slowed in recent months, with some automakers cutting back on production due to lower-than-expected demand. Removing the California mandate could give consumers more choices and prevent a policy-led push toward EVs.
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A legal carveout
Two other California programs are at play in Zeldin’s proposed move: One restricts nitrogen oxide emissions from heavy-duty vehicles and engines, while another mandates the sale of zero-emission trucks.
Under the Clean Air Act, states typically must adhere to federal air pollution regulations. However, Congress granted California unique authority decades ago to set stricter standards, overriding federal rules as long as the EPA grants a waiver. Other states can choose to adopt these EPA-approved California regulations.
Final thoughts
The back-and-forth over California’s pollution rules highlights the broader political divide on EV policy. While Democrats see emissions reductions as a key part of fighting climate change, Republicans argue that mandates like California’s restrict consumer choice and drive up costs.
If the waivers are overturned, it’s likely that a future Democratic administration could attempt to reinstate them—leading to more uncertainty for automakers and car buyers alike. For now, the fate of California’s 2035 ICE ban rests with Congress, setting the stage for yet another major political fight over the future of transportation in America.
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