For over 50 years, California has had the capacity to institute more stringent vehicular emission regulations than those set forth by the federal government. But in recent years, the state has gone too far, and it is time to rethink the permission slip they claim to still need. Two bills, one in each chamber of Congress, have been introduced to end this power grab by eliminating the waiver exemption.
When Congress passed the Clean Air Act (CAA) in 1970 it allowed California, through its California Air Resources Board (CARB), to apply for waivers that set emission standards higher than the national level. Due to excessive smog surrounding some of its major cities, the Golden State wanted authorization to supersede federal laws when necessary. The only state granted such clout, other states can adopt the same standards if and only if California obtains waivers from the federal government first.
California currently has 100 active waivers. Several recent waivers have sought to regulate types of locomotives and heavy-duty trucks operating within their borders as well as the type of refrigerant used in commercial transport. The most controversial, however, mandates all light- and medium-duty vehicle sales be zero-emission by 2035.
Sponsoring the bill on the Senate side, Mike Lee (R-UT) stated, Governor Newsom “is using the waiver privilege to push a radical environmental agenda on the nation.”
The catastrophic effects will be felt nationwide. California plus the seventeen other states (thus far) adopting some or all of these provisions account for roughly 40 percent of all new light-duty vehicle registrations. Private companies will have no choice but to alter their business plans to comply with CARB standards or risk losing their ability to conduct business in those states.
Failing to break double digits in new car sales, the electric vehicle (EV) is not overly popular among consumers. Most motorists still have reservations over the expense, limited battery life and range, lack of charging stations, and reduced functionality in colder climates.
Car buyers’ apprehension or complete lack of interest in this technology was highlighted by not one but two letters written to the Biden administration and endorsed by more than 4,000 very concerned car dealerships across the country. EVs are stacking up on car lots; the supply—promulgated by government edict—is far outstripping consumer demand. The administration was asked to “hit the brakes” on an “unrealistic government mandate.”
EV enthusiasts are a niche group, and consumers should have the option to purchase one. But market forces driven by consumer demand should be dictating automobile manufacturing, not government fiat.
Aggressively pursuing EV mandates will continue to undermine our own auto industry and force companies to heavily rely on foreign supply chains. Such actions completely erode U.S. national security and shift jobs and manufacturing overseas, often to locations which are considered big polluters.
Our electric grid, already at risk for interruptions and shortfalls, would be further strained with an influx of EVs hooking up for a charge. Ironically, it is Governor Newsom who asked residents not to charge their EVs just days after announcing plans to ban the sale of new internal combustion engines; the state was experiencing significant energy shortages.
The Stop California from Advancing Regulatory Burden Act (Stop CARB Act) in the Senate along with its companion bill in the House aim to repeal California’s abused and overreaching power over the rest of the country. One state should not have this much clout over the other 49.
The waiver allowance has outlived its purpose. Air pollution from transportation has drastically decreased since the CAA was enacted. According to the EPA, since the 1960s, new passenger vehicles are at least 98 percent cleaner for most tailpipe pollutants, fuels are much cleaner, and U.S. cities have significantly improved their air quality (despite increasing population and number of vehicles on the road).
If California wants to improve pollution and CO2 levels, it should focus its efforts on other measures, like better wildfire mitigation. Controversy erupted in January when the nation’s worst fires ravaged Los Angeles County and proper forest management was questioned. Research shows that California’s fires each year emit almost as much carbon as 2 million cars and their record wildfire year in 2020 released twice the amount of carbon emissions than they had cut the 18 years prior.
Draconian measures that restrict consumer choice and distort market forces should not be employed to satisfy unrealistic climate goals. Consumers, not government bureaucrats, have the right to decide what kind of car fits their needs and budgets.
Kristen Walker is a policy analyst for the American Consumer Institute, a nonprofit education and research organization. For more information about the Institute, visit www.theamericanconsumer.org or follow us on Twitter @ConsumerPal.
Join the conversation as a VIP Member