Washington state joins fight to save EV rules after Trump signs congressional repeal

Washington Attorney General Nick Brown joined a lawsuit today aiming to save rules enacted by more than a dozen states to spur the adoption of electric vehicles and protect air quality.

President Trump this morning signed joint resolutions of Congress to scuttle California’s long-standing waiver allowing it to set stricter vehicle emissions standards than national limits, which permits the state to phase out of the sale of gas and diesel powered vehicles.

Brown and the other attorneys general allege the action by the Republican-led Congress and the president are illegal.

“Waivers have never been subject to the Congressional Review Act nor have any other agency orders that adjudicate requests for permission — such as oil and gas leases or mining permits,” Brown’s office said in a statement. “The actions taken here contradict the non-partisan Government Accountability Office and Senate parliamentarian, who both determined that the law’s process to disapprove federal regulations does not apply to these waivers.”

Despite a White House photo-op in March with Elon Musk and multiple models of his Tesla vehicles, Trump has been a vehement opponent of U.S. EV manufacturing and sales. Countries internationally, however, are pushing for EV adoption to help address climate change and its increasingly harmful impacts, which include more severe weather events, wildfires and sea level rise.

Last month, Washington signed on to co-lead a lawsuit against the Trump administration over its cancellation of billions of dollars in funding to pay for EV charging infrastructure. Washington alone could lose $71 million of funding.

In 2022, Washington and Oregon joined California in adopting rules addressing zero-emission vehicle sales.

Regulations regarding passenger vehicles kick in gradually, starting with model year 2026 and the requirement that 35% of new passenger vehicle sales are EVs. By 2035, 80% of the passenger vehicles sold must be zero-emission and 20% can be plug-in hybrids. Additional rules target sales of heavy-duty vehicles. The policies do not apply to the sale of used vehicles.

Fifteen states plus Washington, D.C., have adopted California’s Zero-Emission Vehicle Standards, while fewer have signed on to its Advanced Clean Trucks Standards.

At today’s White House signing of the joint resolutions, Trump called the California plan a “disaster” and said it “would effectively abolish the internal combustion engine, which most people prefer,” according to the New York Times.

Brown countered Trump’s sentiments in a statement, saying, “Transportation is the single greatest contributor to greenhouse gas pollution in Washington, and our residents understand the transition to zero-emission vehicles is critical in the fight against climate change.”