James Sues Trump: NY Clean Air Standards Under Attack

NEW YORK – New York Attorney General Letitia James and a coalition of ten other state attorneys general have launched a legal assault against the Trump administration, alleging an unlawful attempt to strip New York of its vital clean vehicle protections. The lawsuit, filed today, challenges the Environmental Protection Agency’s (EPA) move to revoke three key Clean Air Act waivers crucial to New York’s enforcement of its clean vehicle programs. This isn’t environmentalism; it’s a blatant power grab with real-world consequences for every New Yorker.

The core of the dispute lies in the administration’s manipulation of the Congressional Review Act (CRA). Originally intended for Congressional oversight of agency rules, the Trump administration is attempting to use the CRA to rescind waivers previously granted to California – waivers New York legally adopted under federal law, allowing the state to implement stricter emission standards. James and her colleagues argue this is a dangerous overreach, a backdoor attempt to gut decades of established clean air regulations. The stakes are high: the health of our communities and the future of a livable planet.

“Every New Yorker deserves to breathe clean air and live in a healthy environment,” Attorney General James stated bluntly. “This administration is using a sneaky backdoor to gut clean air standards that have been in place for decades, threatening our ability to fight pollution, protect families from toxic emissions, and build a safer future. We are suing to keep our communities healthy and defend our state’s lifesaving clean air protections.” The legal team is demanding the court reinstate these critical waivers, shielding public health from the administration’s reckless policies.

The lawsuit details the historical context. Since 1963, the Clean Air Act granted California unique authority to establish stricter emission standards, recognizing the state’s pioneering efforts in air quality regulation. The EPA’s approval of these standards, issued through “preemption waivers,” has been a bipartisan practice for over seventy-five years. New York, leveraging federal law, has consistently adopted California’s standards without needing additional waivers. The three waivers targeted by the administration are vital to New York’s climate goals:

• Advanced Clean Cars II regulations, mandating an increasing number of zero-emission vehicles.
• Advanced Clean Trucks regulations, accelerating the adoption of zero-emission medium- and heavy-duty trucks.
• Omnibus regulations, enforcing strict nitrogen oxide emission standards for heavy-duty trucks.

Last month, the administration brazenly transmitted these waivers to Congress as “rules” subject to CRA procedures, despite the waivers explicitly stating they were not considered “rules” under either Democratic or Republican administrations. The U.S. Government Accountability Office and the Senate Parliamentarian both confirmed this assessment. Yet, Congress – bending its own rules – passed resolutions disapproving the waivers, which the President swiftly signed into law, effectively revoking them. This move isn’t just a policy disagreement; it’s a direct assault on established legal precedent.

Attorney General James and the coalition argue the EPA’s actions are unprecedented and unlawful. They contend that waiver decisions are not federal rules subject to the CRA, and the administration’s attempt to weaponize the act is a dangerous precedent. The fight is now in the courts, where James intends to prove the Trump administration’s attempt to dismantle New York’s clean air protections is not only politically motivated but legally indefensible. The health of millions hangs in the balance.

RELATED: James Sues Trump: $3B Homeless Funding at Risk