Washington Update From the US Oil and Gas Association

The Washington Update

April 11, 2024

D.C. Circuit upholds California Clean Air Act waiver banning gas-engine cars

One prong of the Administration’s war on gas-engine cars is granting California a waiver that would allow California, and the 17 other states which follow California to ban gas-engine cars in their states. In the first legal test of this waiver, the Biden administration and California won. That’s not good news, but it isn’t terrible news either. 

The composition of the three-judge panel was two judges nominated by Biden and one judge nominated by Obama. It’s no surprise that these judges voted in favor of the administrative state playing fast and loose with the law. It would have been nice to have a Republican-nominated judge on the panel to see how the conservative legal arguments played. 

Many seem to think believe this waiver is yet another step too far. California has the authority to impose stricter pollution regulations than the federal government—that authority is clearly in the Clean Air Act. But that doesn’t mean that California can outright ban gas-engine vehicles.  We expect the Supreme Court will reverse this.