The coalition includes California Governor Gavin Newsom, the California Air Resources Board, and attorneys general from multiple states. They argue the EPA's reinterpretation of California's Clean Air Act waiver—the authority allowing the state to set stricter standards than federal law—violates the statute and contradicts the Supreme Court's holding in Massachusetts v. EPA. The EPA announced the Congressional Review Act maneuver on June 12. The specific legal theories underlying the EPA's position and the full scope of regulations subject to congressional review remain unclear.
This lawsuit represents the second major regulatory clash between California and the Trump administration's EPA. The agency last year nullified California's 2035 zero-emission vehicle mandate, prompting Bonta to file a separate suit that remains pending. The current action carries significant stakes: California's emissions authority, largely unchallenged since the 1970s, underpins vehicle and equipment standards adopted nationwide. Attorneys should monitor whether courts uphold California's waiver power and whether Congress acts on the EPA's referral. The outcome will determine whether states can maintain independent air quality regimes or must defer to federal minimums.