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These 4 Transportation Rules Are Under GOP Attack in Congress Right Now

Here’s what states and advocates can do about it

A red heavy duty truck driving amongst cars on the freeway
Justin Sullivan/Getty Images News via Getty Images

The stakes couldn’t be higher for tackling the most polluting sector of our economy: transportation. And it’s all playing out in Congress and in states right now. A handful of critical, hard-won transportation regulations, including the California waivers for the Advanced Clean Trucks (ACT) rule and the Advanced Clean Cars II (ACC II) rule, along with federal emission standards for cars and trucks, are at risk of being stripped away using a legally suspect approach by Trump’s Environmental Protection Agency and MAGA Republicans in Congress. Weakening or, worse, eliminating these critical regulations that drive forward vehicle electrification would mean all of us paying the price—with our health, economy, and future. 

To make matters more urgent, new findings from the Centre for Research on Energy and Clean Air (CREA) reveal that the impact of diesel trucks is even more harmful than we previously thought, especially for truck drivers and communities living along our nation’s busiest thoroughfares. While we might take for granted the stream of semis we often pass along the highway, the pollution they belch into the air is killing hundreds of thousands of people each year, fueling the climate crisis, and hurting the economy through over a trillion dollars in healthcare costs, millions of lost workdays, and infrastructure damage. 

 


 

CREA predicts 307,000 premature deaths, 217,000 new childhood asthma cases, 120 million lost workdays, and a staggering $1.4 trillion in economic costs linked to diesel truck emissions.


 

Fortunately, we can do something about it. Republicans in Congress are attempting to illegally use the Congressional Review Act (CRA) to reverse California’s transportation rules. We must call out their malfeasance while simultaneously urging state leaders to use their authority to push back against federal overreach and advocate for bold standards at the state level. Additionally, we must hold manufacturing giants Daimler and Volvo to their clean truck commitments. Together, this approach allows us to keep trucking toward the progress we know is possible.

 

Which Transportation Rules Are Under GOP Attack? 

EPA’s Light-Duty and Heavy-Duty Vehicle Standards 

Trump’s EPA is threatening to either revise or weaken the Biden administration’s:

These federal standards collectively limit emissions from cars, trucks, SUVs, and buses produced from 2027 onward. Together, these strong clean vehicle emission standards cut pollution, help save families money on fuel, encourage more car manufacturing stateside, and give consumers more fuel-efficient, clean options for their next car. EPA previously estimated the health benefit savings in the range of $99 billion annually thanks to improved air quality—that’s on top of the 7.2 billion metric tons of carbon dioxide eliminated over the life of the regulation. By moving to cut this commonsense regulation, Republicans are essentially telling the American people they are okay with making them sicker, forcing them to pay more to drive around town, limiting their choices on what cars to buy, and slowing down the economy.

 

Advanced Clean Trucks and Advanced Clean Cars II

The Trump administration is also attempting to strike down:

 

California's ACT requires increasing zero-emission heavy-duty truck sales from model year 2024, aiming for 100 percent clean truck sales by 2036. And ACC II mandates all new cars, small trucks, and SUVs sold in California be zero-emission by 2035. Crucially, using the Congressional Review Act (CRA) to reverse these rules is illegal because the CRA process is only applicable to federal regulations finalized by federal agencies. As the Government Accountability Office stated in a recent memo, there is no basis for applying the CRA to a federal Clean Air Act waiver for a state rulemaking (PDF). 

The state standards enabled by California’s waivers are foundational to clean transportation policy, and they must remain in effect. As a state with an economy bigger than most nations, California’s climate pollution reduction commitments matter a great deal, and its policies often set industry benchmarks. On top of this, many states, including Maryland, Massachusetts, New Jersey, New York, Oregon, and Washington, have used their authority under the Clean Air Act to follow California’s lead, setting zero-emission vehicle and vehicle efficiency standards that exceed the federal minimums. 

Republicans say that they are all for states’ rights—that is, until states stand up to big industry, fossil fuel interests, and their corporate donors. Now, under this increased pressure and a new administration, it’s crucial that states hold onto their existing commitments and don’t give in to auto industry and GOP bluster. 

Overhead view of electric vehicle parking spots for charging

Justin Sullivan/Getty Images News via Getty Images

2 Ways States Can Take Action

1. Coordinating and investing more in charging infrastructure

States hold the crucial leverage and agency necessary to orchestrate infrastructure investments, including uniting diverse sectors to establish a robust network of charging stations. This collaborative approach aligns perfectly with commitments from industry leaders like Volvo and Daimler, who possess the resources and influence to drive electric truck adoption. By working in tandem, states and these companies can forge innovative solutions. 

Moreover, this transition represents a sound long-term business strategy. Reduced truck maintenance and improved public health outcomes translate to significant economic and societal benefits, making it a wise and impactful investment for states and their constituents. 

Despite the Trump administration’s efforts to stymie the National Electric Vehicle Infrastructure (NEVI) program, states are also making real progress in the deployment of charging infrastructure. Even red states like Texas have successfully marshalled a wide range of interests to align on charging needs (PDF) and investment priorities, and New York’s Green Bank just issued a $60 million loan to accelerate the deployment of public charging infrastructure.

 

2. Stand by their ACT commitments

Meanwhile, states are encountering a variety of misleading, bad-faith attacks to the Advanced Clean Truck rule. These attacks misrepresent the regulation’s requirements and are being accompanied by questionable behavior from industry that is resulting in unnecessary supply shortages and price increases. This shortsighted approach is even more galling because of the flexibility that is baked into the carefully thought out design of the ACT rule (which includes tools like early action credits, the ability to bank and trade credits, use of plug-in hybrids toward a portion of the compliance requirements, and the ability to carry forward deficits). This rule was carefully designed over a painstaking, years-long process and it’s time policymakers recommit to its success. 

Thankfully, most governors of ACT states have thus far demonstrated commendable resolve against GOP and industry opposition, upholding their commitment to addressing transportation pollution and enforcing the ACT. For example, New Jersey Governor Phil Murphy recently recommitted to the current timeline for implementation. In a climate of federal inaction and industry hesitancy, these states are seizing a crucial opportunity to lead, and others should follow their example.

Beyond states upholding their existing ACT commitments, a significant and encouraging trend is emerging: More states are aligning with California's pioneering clean car and truck standards. Illinois' recent consideration of adopting California's ACT standard and ACC II makes it the first Midwestern state to potentially embrace these ambitious regulations. This is promising because it underscores the growing recognition among states of the substantial economic and public health benefits associated with setting robust clean vehicle standards and investing in their deployment. Further, air pollution is fundamentally an equity issue, and states are increasingly acknowledging this disparity and leading the charge through progressive policies.  

 

This New Report Underscores the Urgency for Action 

The stark figures presented in the new CREA report underscore the critical urgency for state action. They predict 307,000 premature deaths, 217,000 new childhood asthma cases, 120 million lost workdays, and a staggering $1.4 trillion in economic costs linked to diesel truck emissions. With lives hanging in the balance, the transition to electrification, particularly for medium- and heavy-duty vehicles, is not merely an option, but an absolute necessity.

While industry leaders like Daimler and Volvo have demonstrated commitment, and states have signaled their intent, the onus now falls on these states to translate promises into tangible policy. Addressing concerns around vehicle range and charging infrastructure through coordinated state-level efforts is a manageable challenge and a small price to pay when weighed against the profound human cost of inaction. States owe it to their constituents to prioritize public health and swiftly implement strong transportation pollution rules, including ACT, ensuring a cleaner, healthier future for all.

 


 

About the Writers of This Blog

Author - Medhini Kumar

Medhini is the writing/editing digital lead for Evergreen. Through powerful storytelling, she hopes to help move the needle on climate policy and contribute to our collective fight for a livable planet.

Editor - Justin Backal Balik

Justin is the vice president of Evergreen's states program. Justin has an extensive background in sustainable transportation policy and advocacy, as well as state and local government.