Charging Forward: The Legal Future of Electric Vehicles and Emissions Regulation in the United States
By: Curtis Roselle
Edited by: Asher Moss and Brooke Ebner
As electric vehicles (EVs) shift from niche to mainstream, the United States stands at a legal crossroads. Manufacturers and consumers, along with states and regulatory agencies, must wrestle for a position in the rapidly evolving automobile landscape. One viewpoint holds ambitious environmental goals such as reducing greenhouse gases, improving air quality, and halting climate change. The other holds strong demands for innovation, affordability, and consumer choice. The laws that govern emissions and EVs are rooted in the Clean Air Act (CAA), shaped by California’s waiver authority, and enforced by the Environmental Protection Agency (EPA). The regulations and agencies that enforce them are being tested like never before.
The CAA was enacted in 1970 and amended in 1990 and serves as the cornerstone of U.S. air pollution regulation. While originally designed to control traditional pollutants like sulfur dioxide, the CAA has become a useful tool for climate regulation. This is especially relevant when considering its application to mobile sources—vehicles and equipment that emit air pollutants. Section 202 of the CAA gives the administrator of the EPA authority to set emissions standards for new motor vehicles, including greenhouse gases. Section 209 of the CAA limits individual states from setting their own emission standards: “No State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this part.” [1] However, Congress granted an exception to this by allowing California to apply for a “waiver” of this federal preemption. California has since applied for many different waivers from the EPA, regarding everything from cars to locomotives. [2] While California has withdrawn some of their requests, their proposals for the Advanced Clean Cars I and II programs have been granted. These require an “increasing proportion of new vehicles sold within California to be zero-emission until 2035, when all new vehicles must be zero-emission.” [3] Under Section 177, other states can also adopt California’s standards, as long as their rules are identical. [4] The CAA’s structure has created a two part regulatory system, with a federal baseline regulated by the EPA, and more stringent standards in California and any state that follows California. As of the time of publication, 11 states and the District of Columbia have adopted at least a portion of Advanced Clean Cars II regulations. With these developments, state and federal regulations continue to clash. Some states are choosing to follow California’s course of action, while others remain under the control of the CAA.
While California has made great strides to promote zero-emission vehicles, the Trump administration is working to undo their progress. Under President Trump, the Congressional Review Act has been used to challenge California's waiver privileges. [5] Since then, the EPA has released a proposal to rescind the regulations that allow for EV mandates. If passed, the proposal would remove the EPA’s authority, originally granted under Section 202, to regulate greenhouse gas emissions. The EPA maintains that “while accomplishing EPA’s core mission of protecting the environment, the agency is committed to fulfilling President Trump’s promise to unleash American energy, lower costs for Americans, revitalize the American auto industry, restore the rule of law, and give power back to states to make their own decisions.” [6] If this proposal is passed, the EPA will no longer be able to grant California, or any other state, the ability to pass an EV mandate on the basis of emissions. If this were to happen, the U.S. would sacrifice some of its climate controls in order to maximize its energy and production potential to deliver stronger economic results.
The legal future of EVs and emissions regulation in the United States remains uncertain. California’s powerful waiver authority under the Clean Air Act allows the state to push aggressive EV and emissions standards; however, that power is now being challenged, both by Congress and by the EPA. Though this use of congressional review has faced a lawsuit by many states, it will take time for the courts to evaluate this case. While it is impossible to predict how this battle will be resolved, if the current trajectories hold, the Trump administration will work, for the next three years, to prevent the implementation of additional EV mandates. States may turn to incentives like rebates or tax credits in order to promote EVs, as opposed to mandates. Though the next few decades still hold great potential for EVs, the near future will likely consist of less progress in EV development as automakers seek to capitalize on traditional gas-powered vehicles.
Notes:
Barczewski, Benjamin M., Richard K. Lattanzio, and Emily N. Peterson. California and the Clean Air Act (CAA) Waiver: Frequently Asked Questions. Congressional Research Service, 9 May 2025.
“Vehicle Emissions: California Waivers and Authorizations.” U.S. Environmental Protection Agency. EPA, Accessed 21 Nov. 2025.
“Trucks, Trains, and Automobiles: Untangling the Status of the Clean Air Act Waiver.” Hanson Bridgett LLP, 26 Feb. 2025.
“California Withdraws EPA Waiver Request for Advanced Clean Fleets Regulations.” Sidley Austin LLP, 17 Jan. 2025.
Washington State Office of the Attorney General. “AG Brown Joins Lawsuit Challenging Trump Administration Attack on California’s Clean Vehicles Program.” 12 June 2025.
U.S. Environmental Protection Agency. “EPA Releases Proposal to Rescind Obama-Era Endangerment Finding, Regulations Paved the Way.” EPA News Releases, 29 July 2025.
Bibliography:
Barczewski, Benjamin M., Richard K. Lattanzio, and Emily N. Peterson. California and the Clean Air Act (CAA) Waiver: Frequently Asked Questions. Congressional Research Service, 9 May 2025.
https://www.congress.gov/crs-product/R48168?
“Vehicle Emissions: California Waivers and Authorizations.” U.S. Environmental Protection Agency. EPA. Accessed 21 Nov. 2025. https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations?utm_source=chatgpt.com.
“Trucks, Trains, and Automobiles: Untangling the Status of the Clean Air Act Waiver.” Hanson Bridgett LLP, 26 Feb. 2025. https://www.hansonbridgett.com/publication/250226-2340-clean-air-act-waiver.
“California Withdraws EPA Waiver Request for Advanced Clean Fleets Regulations.” Sidley Austin LLP, 17 Jan. 2025. https://www.sidley.com/en/insights/newsupdates/2025/01/california-withdraws-epa-waiver-request-for-advanced-clean-fleets-regulations.
Washington State Office of the Attorney General. “AG Brown Joins Lawsuit Challenging Trump Administration Attack on California’s Clean Vehicles Program.” 12 June 2025. https://www.atg.wa.gov/news/news-releases/ag-brown-joins-lawsuit-challenging-trump-administration-attack-california.
U.S. Environmental Protection Agency. “EPA Releases Proposal to Rescind Obama-Era Endangerment Finding, Regulations Paved the Way.” EPA News Releases, 29 July 2025. https://www.epa.gov/newsreleases/epa-releases-proposal-rescind-obama-era-endangerment-finding-regulations-paved-way.