CARB Waiver Timeline
Status of California greenhouse gas vehicle emissions rules
During the period the federal action is in effect, CARB will administer the affected portions of its program on a voluntary basis, including issuing certifications for the greenhouse gas emissions and zero-emission vehicle programs.
Facts on California's vehicle GHG waiver
Waivers: A crucial tool for fighting air pollution now and in the future
August 17, 2020 Framework Agreement for Clean Cars
California finalizes with six participating automakers individual bilateral agreements based upon the Framework unveiled last year. Automakers who voluntarily agreed to the framework agreements are BMW of North America (including Rolls Royce for purposes of the agreement), Ford, Honda, Volkswagen Group of America (including VW and Audi), and Volvo.
November 26, 2019
Attorney General Xavier Becerra and the California Air Resources Board, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vernont, Washington, and Wisconsin, the People of the State of Michigan, the Commonwealths of Massachusetts, Pennsylvania, and Virginia, the District of Columbia, and the Cities of Los Angeles, New York, San Francisco, and San Jose filed a petition for the EPA to reconsider the published rule. The petition is based on a broad range of issues that undermine the legality of the EPA’s document, including lack of any rationale to support its action and lack of the ability for public to comment on multiple aspects of it.
November 15, 2019
California and 23 other states file suit against U.S. EPA over vehicle waiver revocation.
October 28, 2019
15 automakers, and National Automobile Dealers Association, join Trump administration in its lawsuit to prevent California from setting its own vehicle emission standards.
October 9, 2019
The California Air Resources Board and the Attorney General submitted a petition for reconsideration to U.S. EPA to clarify its action revoking California’s waiver for its light-duty greenhouse gas and zero-emission vehicle standards. U.S. EPA’s withdrawal was not clear whether it applied only to model years 2021 through 2025, as EPA had proposed, or whether it included earlier model years as well. The final rule is replete with contradictory statements on this critical point, leading to confusion.
October 8, 2019
California and other states move to amend the complaint from September 20, 2019 to address elements in the formal federal preemption notice posted in the Federal Register and to add the City and County of San Francisco as plaintiffs.
Federal attack on California environmental rules
September 26, 2019
In a move that appears yet again to target California specifically, Wheeler issues water quality threat: “EPA is aware of the developing homelessness crisis…”
September 24, 2019
In a move that targets California, Wheeler sends a letter: “…California has failed to carry out its most basic tasks…” in protecting air quality. It also mentions issues related to paperwork involving state air plans and backlogs on processing them.
CARB Executive Officer posts a response to this letter.
Chair Nichols responds in detail.
The Federal Government finalizes attempts to revoke the federal Clean Air Act waiver for California’s GHG and ZEV programs, and to deem them preempted under federal law
May 27, 2020
California filed its petition in the D.C. Circuit Court of Appeals to overturn the Final SAFE (Part 2) Rule, California v. Wheeler.
June 29, 2020
California filed its opening brief in the petition against the Part One Rule that revoked our waiver and adopted a federal regulation preempting our authority, and filed a petition to reconsideration with U.S. EPA for its rollback of the federal emission standards.
April 30, 2020
The Final SAFE (Part 2) Rule is published in the Federal Register, rolling back federal greenhouse gas emission and fuel economy standards.
November 2019
Part 1 petition and complaint filed – CA v. Wheeler, consolidated with UCS v. NHTSA; CA v Chao; asked U.S. EPA to reconsider its action (most of this is already in the timeline)
October 25, 2019
D.C. Circuit Court of Appeals issues decision rejecting the challenges to U.S. EPA’s reconsidered Final Determination, but admonishes that the federal agency must consider the underlying evidence in any decision to change the federal greenhouse gas emission standards. (State of California, et al. v. United States Environmental Protection Agency (D.C. Cir. 2019) 940 F.3d 1342.)
September 20, 2019
With EPA finally having formally revoked the California waiver and NHTSA issuing its final preemption rule, California & 23 other states file suit: “…challengingTrump Administration’s attempt to trample California’s authority to maintain longstanding clean car standards. The suit is filed in the district court for the District of Columbia against the NHTSA preemption rule. CARB indicates further litigation will follow against EPA.
Governor Newsom issues an Executive Order calling on state pension funds to invest in clean vehicle technology and directs the State Transportation Agency to focus transportation investments near housing, managing congestion and encourage alternatives to driving.
September 19, 2019
EPA issues a press release announcing the formal waiver revocation and NHTSA preemption rule: “…an initial step towards finalizing the proposed Safer, Affordable, Fuel-Efficient (SAFE) Vehicles Rule.”
White House statement
Auto Alliance response
September 18, 2019
After weeks of rumored action, Trump tweets the news about revoking the waiver and issue a preemption rule: “The Trump Administration is revoking California’s federal waiver on emissions…”
In advance of the formal EPA announcement, and bolstered by Trump’s tweet, Governor Newsom, Attorney General Becerra and CARB Chair Mary Nichols hold California press conference: “Shame on the Trump Administration for putting the health of millions of its citizens at risk…”
Attorney General Becerra issues a California press release “blasting Trump administration attempt to rob California’s legal authority to set emission standards.”
Aftermath of agreement with four automakers
Laying the groundwork to attack California September 17, 2019. In a speech to auto dealers in Washington, Wheeler misrepresents the action and the case for revoking California’s waiver and issuing rules expanding federal preemption: “Federalism does not mean that one state can dictate standards for the nation.”
September 6, 2019
U.S. DOJ opens anti-trust probe against four carmakers. This action draws a Congressional request that DOJ investigate its own probe for corruption.
The Washington, DC federal circuit court hears California’s arguments against reopening Mid-term Review.
Warning to CARB Chair Mary D. Nichols/CARB: “…put California on notice…”
August 21, 2019
Trump responds to framework agreement: “Foolish executives!”
California and automakers chart their own course
July 25, 2019
California/Automakers framework announced “…provides industry the certainty needed to make investments and create jobs.”
Press release
Framework terms
July 9, 2019
Auto Alliance responds to governors: “Automakers have said many times that we support year-over-year increases in fuel economy standards…”
24 Governors appeal Trump rollback: “(We) stand together in calling for one strong, national clean car standard and support preserving state authority…”
Administration ends fictional cooperation.
June 20, 2019
U.S.EPA Chief accuses CARB Chair of dishonesty: “Ms. Nichols was unable or unwilling to be a good faith negotiator.”
Chair Nichols debunks Wheeler claim in Congressional testimony.
Consumer Reports, UAW & Auto Alliance testify in favor of compromise.
June 6, 2019
White House cuts off efforts with California: “…automakers asked Mr. Trump to go back to the negotiating table…”
White House rejects automakers’ appeal: “…we are moving forward to finalize a rule…”
Automakers appeal for Trump to work with California: “…our customers expect continuous improvements in safety, efficiency, and capability.”
Automaker letter to Governor Newsom: “We urge both California and the federal government to resume discussions, because avoiding protracted litigation and uncertainty is good for all parties…”
Battle for information on proposed rule and actions by California
August 2019
U.S. EPA produces most responsive documents, but redacted two emails as deliberative. CARB filed a motion for summary judgment on these withholdings, as well as NHTSA’s similar withholdings of two statistical analysis reports and the adequacy of its search for battery modeling information, in October 2019.
December 10, 2019
CARB submitted another FOIA request on the SAFE Part 1 final rule, requesting any and all documents for any emissions analyses justifying the agencies’ statements that revoking the waiver for and preempting California’s ZEV mandate would not have any impact on criteria pollutants or affect California’s ability to meet its Clean Air Act obligations.
April 1, 2020
The Second Circuit Court of Appeals rules in a FOIA appeal brought by the Environmental Defense Fund and the Natural Resources Defense Council that U.S. EPA cannot withhold the OMEGA model as deliberative.
April 30, 2020
U.S. EPA and NHTSA finalized their rolled back vehicle standards, and now included in the docket all the battery modeling information.
May 15, 2020
CARB filed suit against NHTSA and U.S. EPA to compel productions on its SAFE Part 1 FOIA requests.
June 3, 2020
The district court rules on CARB’s October 2019 motion, upholding the agencies’ withholdings. CARB did not appeal the decision.
July 24, 2020
CARB and the federal agencies agreed to NHTSA and U.S. EPA providing productions on CARB’s SAFE Part 1 request by September 24, 2020.
June 3, 2020
the district court rule on CARB’s October 2019 motion, upholding the agencies’ withholdings. CARB did not appeal the decision.
May 15, 2020
CARB filed suit against NHTSA and U.S. EPA to compel productions on its SAFE Part 1 FOIA requests.
April 30, 2020
U.S. EPA and NHTSA finalized their rolled back vehicle standards, and now included in the docket all the battery modeling information.
April 1, 2020
The Second Circuit Court of Appeals rules in a FOIA appeal brought by the Environmental Defense Fund and the Natural Resources Defense Council that U.S. EPA cannot withhold the OMEGA model as deliberative.
December 10, 2019
CARB submitted another FOIA request on the SAFE Part 1 final rule, requesting any and all documents for any emissions analyses justifying the agencies’ statements that revoking the waiver for and preempting California’s ZEV mandate would not have any impact on criteria pollutants or affect California’s ability to meet its Clean Air Act obligations.
August 2019
U.S. EPA produces most responsive documents, but redacted two emails as deliberative. CARB filed a motion for summary judgment on these withholdings, as well as NHTSA’s similar withholdings of two statistical analysis reports and the adequacy of its search for battery modeling information, in October 2019.
April 5, 2019
CARB files suit against U.S. EPA for failure to supply supporting scientific and other evidence requested under the Freedom of Information Act.
December 13, 2018
New York Times investigation released: "...it turns out that there was a hidden beneficiary of the plan that was pushing for the changes all along: the nation’s oil industry."
October 26, 2018
Federal challenge meets pushback: “This Trump Administration attack on innovative vehicle technology jeopardizes the health of millions…”
CARB files comments on federal SAFE vehicle rule.
California submits comments showing federal proposal is deeply flawed.
September 28, 2018
Board acts to approve amendments to Deem-to-Comply provision.
August 7, 2018
CARB moves to amend vehicle regulatory Deem-to-Comply provision to state that federal vehicle emissions standards will comply with California regulations only as long as the existing One National Program GHG standards remains in place.
May 1, 2018
U.S. EPA rollback of vehicle emissions standards: CA and 17 states sue U.S. EPA/NHTSA over reopening Final Determination.
April 2, 2018
Announcement of regulatory rollback: NHTSA & U.S. EPA “…propose to amend certain existing Corporate Average Fuel Economy (CAFE) and greenhouse gas emissions standards…”
CARB Chair Nichols response: “This is not a technical assessment; it is a move to demolish the nation’s clean car program.”
U.S. EPA reopens midterm review of vehicle emissions
March 15, 2017
Auto Alliance praises Trump for reopening of Mid-Term Review.
February 21, 2017
Auto Alliance letter to Trump requesting regulatory relief: “EPA has ample authority to withdraw the final determination on its own initiative…”
January 24, 2017
Auto CEOs meet with Trump to discuss loosening emissions rules (transcript not available).
November 10, 2016
Trump elected November 8, 2016; automakers immediately request easing of agreed-upon vehicle emissions rules.