California Is Trying to Clean its Air; the Feds Want It Dirtier
Southern California struggles with the worst ozone pollution and second worst particulate pollution in the country, according to the U.S. Environmental Protection Agency (EPA).
As bad as that is (and it is very bad), it was so much worse in 1970 when President Richard Nixon established the Environmental Protection Agency (EPA). He also signed into law the Federal Clean Air Act, which directs the EPA to set health-based air pollution standards for the nation. But because California’s smog was so much worse than anywhere else in the nation, the law allowed California to set stricter air pollution standards for itself if the EPA granted it a waiver. The EPA granted that first waiver soon after, and has granted more than 100 additional waivers in the years since.
The result is that the average new car sold, with respect to smog-forming pollutants, is more than 99% cleaner than a car from the 1970s. As a result, there is less transportation-related air pollution, and fewer illnesses and deaths from breathing polluted air.
We’ve come a long way in the past 56 years, yet despite these gains, we could be headed back to the days when going outside meant stinging eyes and a burning throat.
This is because the Trump Administration has been working to weaken EPA pollution standards nationally, and eliminate waivers to allow California to set stronger air quality standards. This could undo much of the progress we have made, and make our air pollution nearly as bad as it was in the 1960s and 1970s.
What Do The Waivers Regulate?
When California requests a waiver it is for regulations on emissions of nitrogen oxides (NOx) and particulate matter, which have a direct connection to respiratory disease.
NOx creates ground-level ozone (smog), which irritates airways, triggers asthma attacks, and with long-term exposure, is linked to reduced lung function.
Fine particulate matter, the tiny particles in the air that creates the brown haze in the distance, penetrates deep into lung tissues and the bloodstream causing serious respiratory and cardiovascular problems, including asthma, COPD, heart attacks, strokes, and even premature death.
If previously approved waivers are unwound, vehicle manufacturers will no longer be required to meet the stricter standards. This means dirtier vehicles stay on the road and fewer clean vehicles are manufactured.
The California Air Resources Board (CARB) predicts Southern California will fail to meet federal ozone standards by 2031 even with all current programs intact. Rolling back these rules doesn't just slow progress, it worsens an already-failing trajectory.
Brief History of the Waivers
During the Obama Administration, the EPA tightened the national tailpipe/fuel-economy standard to match California's, rather than requiring separate compliance. Automakers supported this alignment.
The first Trump Administration undid some of those changes and tried to remove California’s ability to request waivers. Car companies were split on this approach.
Then President Biden’s EPA returned to granting waivers on passenger vehicle standards, while some still pending on trucks and trains were not approved when Trump returned in 2025. CARB said the new waivers would bring Californians $36 billion in public health benefits, cut harmful pollutants in the Golden State by more than 25%, and save Californians $13 billion in health care costs.
The Waivers Under the Current Trump Administration
Under the Congressional Review Act (CRA), a federal agency can submit rules to Congress to vote to cancel them. Despite the Clean Air Act providing no mechanism to undo a waiver, and the EPA’s past position that waivers are not rules, EPA Administrator Lee Zeldin reclassified previously granted Clean Air Act waivers as federal rules.
Congress passed disapproval resolutions on three Biden-era waivers, and Trump signed them into law in June 2025, effectively blocking the waivers. This past summer six more waivers were reclassified and submitted to Congress. Overall, this would undercut California's 2035 phase-out target for new gasoline vehicle sales and hurt electric vehicle (EV) production. And just last month the House of Representatives approved overturning two of the six waivers on ocean-going vessels and small harbor craft. If the Senate approves, these will add tons more pollution to our air.
The Pushback
The same day Trump signed the law overturning the waivers in 2025, California and ten other states sued arguing that that the Congressional resolutions were unlawful, and that EPA had no authority to relabel the waivers as “rules.”
Ten days after the EPA’s 2026 reclassifications, California Attorney General Rob Bonta also sued over EPA reclassifying the waivers as “rules.” The first case is still pending, but in the second lawsuit, a federal judge issued a preliminary injunction blocking the EPA from proceeding, and ordered EPA to restore the waivers to their prior status. The EPA filed an appeal on Sept. 14, which is still pending.
Oh, the Irony
The irony is that rolling back air-quality standards contrasts with the administration's "Make America Healthy Again" campaign. Cancelling waivers means making our air and water more polluted, and that means making Californians sicker. These efforts come alongside federal cuts to programs supporting clean energy, clean fuels, and clean vehicles, while increasing support for coal and other fossil fuels. This undermines growing American industries and hurts the nation’s global competitiveness as China increases exports of EVs to Europe and Asia, while the U.S. market stagnates abroad.
What it means for Southern California
This isn't an abstract regulatory or trade dispute. It directly affects how many thousands of Southern Californians will develop a respiratory disease, or worsen an existing lung condition, over the next decade.
Since a federal court has sided with California, the removal of the waivers isn’t a done deal. If it were to happen, California has other tools it can use to push cleaner vehicles even without obtaining a federal waiver. However, killing the waivers would remove the strongest legal lever California has to clean up our state’s vehicle fleet, and our air. Since cleaner air means healthier Californians, let’s hope that the waivers are kept in place.
In Health,
