The People and Gavin Newsom authorization – Watt?

By Duggan Flanakin

As promised, President Donald Trump issued an executive order on the first day of his second term. Unleashing U.S. energy, declared as U.S. policy is “to eliminate ‘Electric Vehicle (EV) Authorization’ and promote real consumer choice.”

But shortly after Trump's EPA sent a request to cancel the exemption to Congress for review, the Government Accountability Office announced that Congress had no authority to review Biden's exemption or revoke it. Therefore, the GAO has created difficulties for the Trump administration and millions of Americans who believe that the authorization is unreasonable.

Although the Energy Policy and Protection Act of 1975, which created the Corporate Average Fuel Economy (CAFé) Standard, explicitly prevented states from establishing their own fuel economy standards, Congress gave California the power to set its own vehicle emission standards under the 1967 Clean Air Act, one of which warns: California needs to abandon environmental protection agencies.

However, under the Clean Air Act, the EPA can only legally reject California’s exemption if it is “arbitrary or capricious” and therefore unnecessary or technically unfeasible. Historically, there has never been a California exemption removed, and Kabu claims there is no process for refusing the exemption in the Clean Air Act. Additionally, when President Trump tried to terminate his power to formulate his own emissions and mileage rules in 2019, California and 22 other states sued.

In his last official act, Joe Biden approved a new exemption from California last December that authorized its mission to require 35% of the new 2026 models and light trucks sold in California to be zero-emission vehicles. By 2030, these figures jump to 60% and by 2035 100%. When Biden approved earlier California emissions rules, automakers and 14 state exemptions in 2022.

The battle with zero emission vehicle authorization is not limited to California, because other states can comply with California regulations once the state gets exemptions from the EPA. To date, 18 states have followed at least part of the New California mission, and Golden State has put pressure on automakers to follow and defend their unpopular regulations.

There are only two problems with the increasingly unpopular EV mission. First, it seems that the only way California reaches its 2026 milestone is to modify it downward. The California New Car Dealers Association reported that the market share of zero-emission vehicles fell to 21.3% in the fourth quarter of 2024, down from 23.7% in the previous quarter, and an annual average of 22% (21.7% in 2023 were both higher than 21.7%).

Second, national polls show that 75% of Americans oppose any ban on gasoline and diesel powered by cars. Public support in California peaked at 55% (39% objection) in 2022, but has been declining due to a 20% increase in power rates, which has resulted in higher cost of charging electric vehicle batteries. Electric vehicle sales in California fell from 447,000 in 2023 to 387,000 in 2024.

But as long as the authorized standpoint it punishes automakers and car buyers because they do not succumb to Governor Newsom's whimsicality. Automakers face a $20,000 fine per unqualified vehicle, the only alternative to purchase emission credits for EVs only or limit their inventory of gasoline and diesel vehicles.

This would force Californians to buy electric cars, or just keep older vehicles longer – greatly limiting their options. Similar fines and restrictions on consumer choice are also imminent in many other cities and states. One can only imagine anger and frustration. (At the same time, the formerly popular Teslas are now bragging about by radical supporters of EV licenses.)

Kenny Stein of the Energy Institute said the huge size of the California market (and the massive size of states that meet California standards) means that automakers must make the entire California-compliant fleet in California, or sell different car lines in different states – almost economically impossible. This forces citizens in other states to buy more expensive vehicles, thus subsidizing California’s regulatory options against their will.

But Stein added that the end of the mission requires modification or rejection of three major regulatory actions: EPA's tailpipe emission standards, cafe standards and California's premium clean car II regulations, bidding for the EPA approved the exemption (GAO says GAO says Congress can't go beyond). Unlike President Obama, President Trump cannot eliminate this unwelcome task “with pen and phone.”

Europeans who started Zev Crusade were not able to reach their mission milestones either. The EU, like California, has banned non-EV sales as of 2035 (the possible exception of hydrogen-powered vehicles). The result is that European automakers are afraid that cheap Chinese electric cars will destroy them.

Like California, 23 of the 27 EU countries, including Germany, Italy and France, missed their national climate goals in an effort to share regulations. This means that they could face serious fines if they are unwilling or unable to buy increasingly expensive carbon credits. But, like the Governor News Magazine, Europeans did not let facts (or costs) interfere with their enthusiasm to reach zero in the first place.

Apart from publicly opposing the mandate, California and the state face a very real threat that zombie-like compliance with EV missions will crash the grid – making EVs totally unbreedable. Coupled with longer repair times, the high cost of replacing batteries, growing fears of electric vehicle fires, and many other concerns.

Only time will tell whether Pro-EV laws will prevent the tempting march of California and most parts of the country from continuing to the cliff. 25% tend to force 75% to jump with them, while 75% want to be free to make their own choices.

Meanwhile, the Gavinator’s desire to move to 1600 Pennsylvania Avenue in 2029 has hit a bump in the road as he is learning any step towards the center will release the strong anger of the base of democracy.

Duggan Flanakin is a senior policy analyst for the Constructive Tomorrow Commission, who writes about various public policy issues.

This article was originally published by RealClearenergy and is provided by Realclearwire.

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