California’s Unique Authority on Emissions

California’s authority to set tougher emissions standards dates back to the 1960s, when the state faced severe smog problems and created the California Air Resources Board (CARB) — years before the U.S. Environmental Protection Agency (EPA) existed.

The Clean Air Act of 1970 granted California a special waiver under Section 209, allowing it to adopt vehicle-emissions standards stricter than federal rules because of its “compelling and extraordinary conditions.” This waiver power also lets other states adopt California’s standards under Section 177 of the Act.

Shaping Clean Air and Vehicles

Over the decades, California has used this authority to push cleaner fuels and promote zero-emission vehicles, setting trends that other states have followed. These policies have also tied closely to environmental justice, since communities of color and low-income neighborhoods often suffer the worst effects of pollution.

Political Battles Over Waivers

Major oil companies have long lobbied against California’s stricter standards, while technology and electric-vehicle manufacturers argue the rules drive innovation and competitiveness.

In May 2025, the U.S. Senate voted 51-44 to revoke certain California waivers using the Congressional Review Act (CRA). This marked the first time Congress moved to overturn California’s special authority, directly challenging its role in setting stricter clean-air rules.

California’s Legal Response

California has since filed lawsuits to block the rollback, arguing that Congress exceeded its authority under the Clean Air Act. State leaders warn the dispute could eventually reach the U.S. Supreme Court, with major implications for both the future of climate policy and the balance of federal–state power.