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US automakers caught up in the crossfire of Trump and California EV battle

US automakers caught up in the crossfire of Trump and California EV battle
US automakers caught up in the crossfire of Trump and California EV battle

The legal battle between the Trump Administration and California over 'auto-pollution regulations' is about to come to a head. This will have huge financial implications for EV manufacturers including Tesla, and traditional automakers that rely on fossil fuel vehicles. California is fighting a move by congressional Republicans that would have allowed the state to implement its own emission regulations. California could force U.S. automobile manufacturers to adhere to two regulatory schemes that are diametrically opposite: President Donald Trump’s?anti EV policy, and California's pro EV regime which eleven other states have adopted. California wants automakers to be required to sell 100 percent EVs by 2035. It has set aggressive interim targets that will begin this year. Trump's administration has, on the other hand, eliminated federal EV incentives and subsidies, resulting in a nationwide crash of electric vehicle sales.

California has been setting its own auto-pollution standards for decades, with bipartisan support from the federal government. During recent Democratic administrations these rules were largely in line with federal policies promoting EVs.

Californian and federal regulations are now heading in opposite directions. Trump relaxed some emission regulations during his first term, only to have them reversed by Democratic president Joe Biden. In his second term, Trump has taken a scorched earth approach to federal EV assistance. Last year, Congressional Republicans eliminated a $7500 per-EV subsidy as well as penalties for automakers that failed to meet fuel efficiency standards. Trump's Environmental Protection Agency last week reversed a scientific finding from the Obama era that greenhouse gas emission endanger human safety -- which was at the basis of EPA vehicle pollution rules adopted in 2010.

Trump's strategy is to end the California waiver, but California's lawsuit claims that Congress did it illegally. The federal court hearing in Oakland, California is set for Thursday. The administration has filed a motion dismissing the case. California argues that Trump's EPA, and Congress, used a sleight of hand to reclassify California’s waivers as "administrative rules" subject to reversal by the Congressional Review Act. The EPA has been stating in its California decisions for decades that the waiver "is not a rule", and the act does "not apply". This is a major point of California’s lawsuit.

S&P Global Mobility, a data provider, says that if the Administration wins, traditional automakers will face less pressure to offer money-losing EVs to Californians and other states. These 11 states account for 29% (according to S&P Global Mobility) of new vehicle sales in the U.S. Tesla and other EV manufacturers could lose out on critical revenue by selling regulatory credits to automakers who use them as compliance.

The California rules are a "unachievable regulatory wormhole" according to the Alliance for Automotive Innovation, an industry lobby group. The?Alliance for Automotive Innovation is an industry lobby group that argues the California rules would limit consumer vehicle choices and have called them an "unaccountable, impossible regulatory wormhole". Mike Murphy, a Republican strategist and co-founder of the advocacy group EVs for All America said that the California-federal dispute highlights how automakers are being "whipsawed by political changes that upend their models-development and production plans." Since Trump's election in 2016, automakers have written down $55 billion on their EV investments.

He said, "I hear them all saying, 'This short termism is killing' us. "We've got a monkey in Washington and it makes planning very difficult."

Taylor Rogers, a White House spokesperson, called California's suit "frivolous." She also said that Trump had "canceled unpopular subsidies for green energy which wasted Americans' tax dollars."

CALIFORNIA RULES EMERGE IN SMOG CRISIS

California set its own standards for vehicle emissions in the 1950s, as it struggled with severe air quality problems caused by industrial and automotive pollution. Los Angeles was also engulfed by thick smog.

Congress gave California the authority to continue its own regulations in the Air Quality Act of 1968. The EPA was given the right to grant California a California waiver. Since then, both partisan administrations have granted California more than 100 waivers. In 2019, Trump’s EPA rescinded portions of a waiver via a formal rulemaking. This was a slower procedure that California also challenged before a federal court. In 2022, the Biden administration restored the waiver. In Trump's'second term, Republicans attempted a shortcut – killing the waiver via the Congressional Review Act.

The Government Accountability Office, an independent agency which has traditionally ruled whether agencies were complying with the Act, concluded in March last year that waivers do not constitute rules, as they are a case-specific, personal determination, and not a broad application of general principles. Congressional Republicans ignored the GAO conclusion arguing that Congress had the authority to determine what constitutes a regulation. California filed suit the day after Trump signed the legislation.

California Attorney General Rob Bonta said the case highlights the Trump administration's "contempt" for the law and its use of "fringe legal theories" to justify breaking it.

They knew. They knew. "They did it anyway",?Bonta stated in an interview. He called the move a dangerous expansion of congressional review power.

The EPA stated that "the only alleged 'contempt of the law' is California's."

The agency stated that "we live in a democratic society, where Congress makes the laws", adding that Californian regulations would have "crippled American Industry" and increased consumer prices.

COURT CHALLENGE LEAVES AUTOMAKERS LIMBO

Many questions that have been raised in court cases have not yet been answered, so there are few case laws to guide the court's decision.

Paul Libus, a Van Ness Feldman LLP attorney who specializes in'vehicle emissions policy' said: "The level and confusion of this situation is unprecedented."

California's Air Resources Board has informed automakers they have the option to comply or not with their new standards. However, they are warned that if California wins in court, penalties could be imposed for non-compliance. CARB records indicate that many automakers have chosen to comply. California adopted the regulations originally in 2022 when it was projected that electric vehicle sales would take off in the United States. California faces challenges to meet its ambitious EV adoption goals, as consumer demand is waning. This raises questions about the realisticness of these targets. Last year, EVs made up 21% of new car sales in the state. This is a slight decrease from a previous year. CARB said that it would not enforce its EV sales target for this year due to the uncertainty surrounding its regulations.

Murphy, a former Republican EV supporter, expects automakers will compromise with California regulators, because they can't afford to bet on Trump's rollback in pollution standards lasting beyond his administration, and they have to compete internationally. In markets such as China and Europe where regulations are tightening on vehicle emissions, EVs will be essential.

He said that automakers are aware of the fact that "the drunken holidays with federal regulations is not likely to last."

(source: Reuters)