AG Schmidt warns EPA to not reinstate California’s Clean Air Act waiver

Attorney General Derek Schmidt has warned the EPA to not give California special rules that no other states get.

Attorney General Derek Schmidt says he has urged the U.S. Environmental Protection Agency to not reinstate California’s waiver under the Clean Air Act, which gives California, and only California, the authority to regulate which cars the rest of the nation drives.

According to AG Schmidt, attorneys general from 15 other states sent a letter to EPA Administrator Michael S. Regan to urge the agency to continue the policy under the Safer Affordable Fuel-Efficient Vehicles Rule. He said the letter argues that the U.S. Constitution recognizes the states as equal and does not give California any special rights denied to other states.

Under the Clean Air Act, Schmidt said the previous administration created national standards for vehicle carbon emissions for model years 2021 through 2026, treating all states as equal to one federal rule. Recently, he said the Biden Administration proposed that California be given a waiver from national carbon emissions standards and be allowed to set its own standards. The waiver, he said was designed decades ago to allow California to manage its smog issue, and has been instead used by the state to target fuel efficiency and global warming.

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