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New Jersey Files Lawsuit Against Federal Government to Uphold Phil Murphy’s 2035 Gas Car Ban

New Jersey Joins Coalition to Challenge Federal Vehicle Emissions Standards Rollback

Trenton, NJ — New Jersey Attorney General Matthew J. Platkin announced the state’s participation in a coalition of 11 attorneys general suing the federal government over its efforts to invalidate state vehicle emissions standards via the Congressional Review Act (CRA).

The lawsuit targets the federal government’s attempts to disapprove California’s Advanced Clean Cars II (ACCII), Omnibus, and Advanced Clean Trucks (ACT) standards, which New Jersey adopted as part of its commitment to fighting climate change in 2021 and 2023. These regulations mandate auto manufacturers to escalate zero-emission vehicle sales and impose strict nitrogen oxide emissions limits for heavy-duty trucks.

"The federal government is undermining procedural norms in a misguided drive to harm our air quality and public health," said Platkin. The legal action aims to safeguard New Jersey’s rights to implement stricter emissions standards under the Clean Air Act. The Act permits California to adopt tougher standards, providing a pathway for other states to follow once waivers are issued by the Environmental Protection Agency (EPA). Since 2023, the EPA has granted California three such waivers.

State Commissioner of Environmental Protection Shawn M. LaTourette emphasized the importance of these state rights in protecting the health of New Jersey residents.

The conflict arises from the Trump Administration’s EPA sending California’s waivers to Congress for CRA review—a move unprecedented in Clean Air Act history, supported by the Government Accountability Office. The Republican-controlled Congress’s attempt to block these waivers spurred the coalition’s legal challenge, which claims violations of federalism, separation of powers, and various federal statutes.

With transportation being a major contributor to pollution-related health issues and greenhouse gas emissions, New Jersey’s regulations aim for 80% of passenger vehicles sold to be zero-emission by 2035, reinforcing the state’s commitment to environmental protection and public health. The lawsuit seeks court declarations to invalidate the federal resolutions and uphold the Clean Air Act waivers granted to California.

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