The Justice Department has appealed a federal court ruling that blocked the EPA from sending four California emissions waivers to Congress for a possible fast-track repeal.
The appeal was filed Tuesday, two weeks after U.S. District Judge Beryl Howell ruled that the EPA had improperly attempted to classify four Clean Air Act waivers as federal rules subject to the Congressional Review Act. Those waivers give California the legal authority to enforce emissions standards for cars, trucks, and lawn-and-garden equipment that are tougher than what federal law requires.
In June, the EPA transmitted the four waivers to Congress, arguing they qualified as “rules” under the Congressional Review Act. That law allows Congress to repeal recently submitted federal regulations through an expedited process requiring only simple majorities in both chambers. EPA Administrator Lee Zeldin said prior administrations had wrongly failed to submit the waivers to Congress, and that sending them was a legal obligation. You can read more about the California emissions waiver dispute in coverage of the broader regulatory fight.
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California sued, contending that Clean Air Act waivers are agency adjudications, not federal regulations, and therefore cannot be repealed through the Congressional Review Act. Howell agreed with California at the preliminary stage, issuing her ruling on September 2. She ordered the EPA to withdraw its reclassification of the four waivers and restore conditions to where they stood before the agency’s June action. She found California was likely to prevail on the argument that the EPA’s shift in position was unlawful.
What the Waivers Cover
The four disputed waivers involve California’s Advanced Clean Cars I program, the reinstatement of that program, greenhouse gas standards for vehicles, and emissions rules covering small off-road engines including lawn and garden equipment. Because other states are permitted to adopt California’s standards under certain conditions, the EPA has argued the waivers carry consequences well beyond California’s borders. Automakers also frequently design vehicles for a national market, the agency noted.
A Separate Fight Already Settled by Congress
This is not the first time the Congressional Review Act has been used against California’s vehicle emissions rules. In 2025, Congress voted to repeal three separate California waivers that had been approved under the Biden administration. One of those was the Advanced Clean Cars II program, which sought to require all new passenger vehicles sold in California to produce zero emissions starting with the 2035 model year. President Trump signed those repeal resolutions in June 2025. California has challenged those actions in court as well.
The current case is distinct. It involves a different set of four waivers that the EPA sent to Congress in June 2026. The outcome will have significant implications for California’s ability to maintain vehicle pollution standards that exceed federal requirements, and for the broader national debate over electric vehicle mandates and gasoline-powered car regulations.
