Attorney General Ken Paxton joined a coalition of 15 other states in urging the U.S. Environmental Protection Agency not to reinstate California’s waiver under the Clean Air Act, which unconstitutionally allows California—and only California—to regulate which cars we may drive. The letter argues that under the Clean Air Act, the prior administration created national standards for vehicle carbon emissions for model years 2021 through 2026, treating all States as equal sovereigns subject to one federal rule.  Recently, the Biden Administration proposed that California, and no other state, should be given a “waiver” and allowed to set its own carbon emissions standards.  The waiver, designed decades ago to allow California to manage its severe smog problem, has instead been abused by California to target fuel efficiency and global warming

“Under the U.S. Constitution, it clearly explains that all States are created equal, so why does “The Golden State” get the unconstitutional authority to change how vehicle manufacturers set standards for their vehicles?” Attorney General Paxton said. “A federal law giving one State special power to regulate a major national industry contradicts the notion of a union of sovereign States.”

Read the full letter here.