Trump administration warns California its tailpipe deal could violate federal law

The Trump administration sent a warning to California officials Friday, stating that a recent agreement the state made with automakers over tailpipe pollution could violate the law.

The Environmental Protection Agency (EPA) and Department of Transportation offered the warning in a joint letter to the head of the California Air and Resources Board (CARB) that said its “framework” agreement with four car manufacturers could be a problem.

{mosads}“The purpose of this letter is to put California on notice that this framework agreement appears to be inconsistent with federal law,” the letter from DOT and EPA’s chief counsels wrote.

The administration is arguing that the state lacked authority under the Clean Air Act to set fuel economy standards in conjunction with the car makers.

“Congress has squarely vested the authority to set fuel economy standards for new motor vehicles, and nationwide standards for [greenhouse gas] vehicle emissions, with the federal government, not with California or any other state,” the letter read.

Mary Nichols, the CARB chairwoman, announced in July that the state had reached an agreement with BMW, Ford, Volkswagen and Honda over the emissions standards for future cars. The news came as the Trump administration is working to finalize a national fuel economy standard that is expected to weaken tailpipe emissions standards.

California has long argued that under the Clean Air Act, it has an exemption to set higher emissions standards due to the state’s history of poor air quality. More than a dozen other states have adopted California’s heightened standards.

CARB did not immediately respond to a request for comment.

California Gov. Gavin Newsom compared the Trump administration’s tactics to those of a bully.

“The Trump Administration has been attempting and failing to bully car companies for months now. We remain undeterred. California stands up to bullies and will keep fighting for stronger clean car protections that protect the health and safety of our children and families,” Newsom said in a statement provided to The Hill.

Trump administration officials argue in the letter that the deal with automakers likely goes beyond the scope of those rights.

“CARB’s actions in furtherance of the framework appear to be unlawful and invalid. We recognize California’s disagreements with the Federal government’s policy proposals in this area, but those policy disagreements cannot justify CARB’s pursuit of a regulatory approach that would violate federal law,” reads the letter.

The administration’s warning comes amidst reports that the White House is considering splitting its forthcoming emissions rule into two parts in order to finalize it more quickly. The first part of the rule would include stripping California of its waiver, according to sources with knowledge of the administration’s plans. Any rule put forward by the administration is likely to be challenged in court by California and environmentalist groups that argue the law forbids agencies from weakening pollution standards.

President Trump has made no secret of his frustration with the Golden State over its negotiations with the four automakers.

“Henry Ford would be very disappointed if he saw his modern-day descendants wanting to build a much more expensive car, that is far less safe and doesn’t work as well, because execs don’t want to fight California regulators. Car companies should know that when this Administration’s alternative is no longer available, California will squeeze them to a point of business ruin. Only reason California is now talking to them is because the Feds are giving a far better alternative, which is much better for consumers!” Trump tweeted late last month.

Updated 2:25 p.m.