Trump Aims to Eliminate the “EV Mandate” and State Emissions Waivers
President Donald Trump issued an executive order that takes aim at California’s promotion of electric vehicles (EVs) and its longstanding allowance to set its own emissions standards.
Trump’s executive order on “Unleashing American Energy” states that it is U.S. policy to “eliminate the ‘electric vehicle (EV) mandate’ and promote true consumer choice, which is essential for economic growth and innovation..” The order states that U.S. policy will promote consumer choice by “removing regulatory barriers to motor vehicle access” and by “ensuring a level regulatory playing field for consumer choice in vehicles.”
Notably, promoting consumer choice includes “terminating, where appropriate, state emissions waivers that function to limit sales of gasoline-powered automobiles.” This policy change will also involve considering “the elimination of unfair subsidies and other ill-conceived government-imposed market distortions that favor EVs over other technologies and effectively mandate their purchase by individuals, private businesses, and government entities alike by rendering other types of vehicles unaffordable.”
California’s ZEV Waiver
Trump’s order begins a process that could lead to the withdrawal of California’s waiver for its Advanced Clean Cars II rule, which will require the phase-out of the sale of new gasoline-fueled or diesel-fueled passenger cars and trucks by 2035. The Biden administration approved that waiver in December 2024 along with a waiver to establish more stringent emissions standards for heavy-duty engines.
California has long set its own emissions standards by requesting waivers from the federal standards under the Clean Air Act. Other states can then adopt California’s standards. Twelve other states have adopted the Advanced Clean Cars II rule.
Trump’s opposition to state emissions waivers began in his first term, when he revoked California’s waiver to set auto emissions standards that covered greenhouse gases. The Biden administration reinstated the waiver in March 2022. (see also California’s Energy Transition: Auto Emissions.)