New jersey sues federal government to preserve phil murphy's 2035 gas car ban

TRENTON, NJ — New Jersey Attorney General Matthew J. Platkin announced that the state has joined a coalition of 11 attorneys general in suing the federal government over its attempt to invalidate state vehicle emissions standards through the Congressional Review Act (CRA).

The lawsuit challenges the federal government’s effort to disapprove California’s Advanced Clean Cars II (ACCII), Omnibus, and Advanced Clean Trucks (ACT) standards, which New Jersey adopted in 2023 and 2021. The standards require automakers to sell increasing numbers of zero-emission vehicles and set strict limits on nitrogen oxide emissions from heavy-duty trucks.

“The federal government is breaking basic procedural rules in a misguided effort to pollute our air and hurt the public health of our residents,” Platkin said. He added that the lawsuit aims to defend New Jersey’s authority to adopt stronger vehicle emissions standards under the Clean Air Act.

The Clean Air Act allows California to adopt stricter emissions standards and requires the Environmental Protection Agency (EPA) to grant preemption waivers. Other states, including New Jersey, can adopt California’s standards once a waiver is issued. Since 2023, the EPA has granted California three waivers for the ACCII, Omnibus, and ACT standards.

State Commissioner of Environmental Protection Shawn M. LaTourette stated, “New Jersey has long relied upon the state’s rights provisions of the federal Clean Air Act, which have enabled us to better protect the health of New Jerseyans by setting stronger vehicle pollution standards than the federal government.”

Federal government invokes Congressional Review Act

The dispute centers on the Trump Administration EPA’s decision to transmit California’s waivers to Congress under the CRA, which allows Congress to disapprove federal regulations. Historically, Clean Air Act waivers have never been subject to CRA review, a position supported by the Government Accountability Office and Senate Parliamentarian.

Despite this precedent, the Republican-controlled U.S. House and Senate used the CRA to attempt to block California’s waivers, prompting the multi-state legal challenge. The lawsuit alleges violations of federalism, separation of powers, the Take Care Clause, and several federal statutes, including the CRA and Administrative Procedure Act.

Motor vehicle emissions are a major contributor to smog, fine particles, and toxic pollutants linked to serious health conditions such as respiratory illness, cardiovascular disease, and cancer. Transportation also remains the largest source of greenhouse gas emissions in the U.S., with cars and trucks responsible for 80% of transportation emissions.

Under New Jersey’s adopted rules, by model year 2035, 80% of passenger vehicles sold must be zero-emission, while the remaining 20% may be plug-in hybrids. The ACT regulations aim to increase zero-emission adoption in the medium and heavy-duty truck sectors.

The complaint asks the court to declare the federal resolutions unlawful and to compel the administration to uphold the granted Clean Air Act waivers.

New Jersey’s legal action underscores a growing battle over state authority to enact stricter environmental standards.

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