New Jersey Attorney General Matthew J. Platkin has joined a coalition of 11 attorneys general in filing a lawsuit against the federal government. The legal action challenges the use of the Congressional Review Act (CRA) to disapprove state standards related to clean vehicles, specifically targeting California's Advanced Clean Cars II (ACCII), Omnibus, and Advanced Clean Trucks (ACT) standards, which New Jersey had adopted under the Clean Air Act.
The lawsuit argues that the federal government's decision undermines procedural norms by attempting to dismantle state clean energy policies. Traditionally, waivers granted under the Clean Air Act have allowed states like California to set their own air quality regulations without being subject to CRA review. Both the Government Accountability Office and Senate Parliamentarian have previously determined that CRA processes do not apply to such waivers.
Attorney General Platkin expressed concern over what he described as an effort by the federal government "to pollute our air and hurt the public health of our residents." He stated that revoking state vehicle emissions standards is illegal and accused the Trump Administration of targeting states it disfavors.
State Commissioner of Environmental Protection Shawn M. LaTourette highlighted New Jersey's reliance on provisions within the federal Clean Air Act to combat vehicle exhaust pollution. He noted that recent federal actions threaten these rights but emphasized New Jersey's commitment to maintaining stronger vehicle pollution standards.
Vehicle emissions are known contributors to smog, fine particle pollution, and other harmful pollutants linked to serious health issues such as respiratory illness and cancer. Transportation remains a leading source of greenhouse gas emissions in the United States.
Under existing rules adopted by New Jersey in 2023 and 2021, automakers must increase sales of zero-emission vehicles with a target for 80% of passenger vehicles sold by model year 2035 being zero-emission. The Advanced Clean Truck regulations aim at increasing zero-emission vehicles among medium and heavy-duty trucks.
Despite historical bipartisan support for granting California waivers under EPA guidelines, recent actions by Congress sought to challenge these through CRA procedures—a move contested by this lawsuit filed today. The complaint alleges constitutional violations including breaches of federalism principles and requests court intervention against these resolutions.
Attorney General Platkin joins counterparts from California, Delaware, Colorado, Massachusetts, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington in this legal endeavor.
