Snow+Snow principal Kevin Stratton told Automotive Fleet that the current administration’s approach to challenging California’s vehicle emissions waivers represents a more aggressive legal strategy than prior administrations have attempted, with significant uncertainty about how courts and Congress will respond.
“The use of the Congressional Review Act as a vehicle here is novel,” Stratton said. “Whether the waiver qualifies as a ‘rule’ subject to CRA review is itself a contested legal question, and the Government Accountability Office’s determination will be pivotal.”
Stratton added that the dual-track approach — pursuing both executive and legislative avenues simultaneously — reflects the complexity of unwinding a decades-old regulatory framework. “California’s authority here is deeply embedded in the Clean Air Act. Any durable resolution is likely to require either a court decision or a legislative fix, and possibly both.”
“Fleet operators need to plan for continued uncertainty,” Stratton said. “Whatever the administration announces, litigation will follow. The compliance landscape won’t be settled for years.”
