Unfortunately, no. This is what Gemini says about California's rights to regulate emission. This new EPA finding repeal is at the core of the problem. The federal regime wants to prevent Cali from regulating its own air quality. Seems like this shouldn't be allowed under the 10th amendment. State should be allowed to regulate, if feds effectively give up their right to do so.
In recent months, California's authority to regulate greenhouse gases has faced a "perfect storm" of challenges from all three branches of the federal government. The state's unique power to set its own standardsâ"a right it has held for over 50 yearsâ"is currently on very thin ice.
Here are the key legal and legislative actions threatening that authority as of early 2026:
1. Federal Rescission of the "Endangerment Finding" (Feb 2026)
In a major move just days ago (February 12, 2026), the EPA under the Trump administration officially rescinded the 2009 Endangerment Finding.
* The Impact: This finding was the legal bedrock that allowed the EPA (and by extension, California) to regulate greenhouse gases as "air pollutants" under the Clean Air Act.
* The Argument: The administration argues that the EPA lacks "clear congressional authorization" to regulate the global climate, citing the Major Questions Doctrine.
* The Status: Governor Newsom has announced California will lead a multi-state lawsuit to challenge this rescission, but if it stands, it could strip the state of its legal basis for almost all vehicle emission rules.
2. Supreme Court: Diamond Alternative Energy v. EPA (2025)
In June 2025, the U.S. Supreme Court issued a ruling that significantly weakened Californiaâ(TM)s defense of its electric vehicle (EV) mandates.
* The Ruling: The Court ruled 7-2 that fuel producers have "standing" to sue over Californiaâ(TM)s regulations. This is a big deal because, previously, many industry lawsuits were dismissed because the companies couldn't prove "direct harm."
* The Fallout: By allowing these companies to sue, the Court opened the floodgates for challenges against Californiaâ(TM)s 2035 gas-car ban (Advanced Clean Cars II).
3. Congressional Review Act (CRA) Revocations (June 2025)
In mid-2025, President Trump signed three joint resolutions from Congress that targeted California's newest and strictest rules:
* Advanced Clean Cars II (ACC II): The 100% EV mandate by 2035.
* Advanced Clean Trucks (ACT): Requirements for zero-emission heavy-duty trucks.
* Low NOx Omnibus: Strict limits on nitrogen oxide from engines.
* The Legal Twist: California has sued to block these revocations, arguing the CRA was used improperly against "adjudicatory orders" (waivers) rather than "rules." That case, California v. United States, is still moving through the courts.
4. Challenges to Climate Disclosure Laws (SB 253 & SB 261)
California passed laws requiring large companies to disclose their "Scope 3" greenhouse gas emissions and climate risks. These are currently under heavy fire:
* Ninth Circuit Injunction (Nov 2025): A federal appeals court halted the enforcement of SB 261 (climate risk reporting) while the case proceeds.
* First Amendment Claims: The U.S. Chamber of Commerce is arguing that forcing companies to report emissions is "compelled speech" and violates the First Amendment.
Summary Table: Status of California's Power
| Regulation | Current Status | Key Threat |
|---|---|---|
| EV Mandates (2035) | In Limbo | Congressional Revocation / Diamond ruling |
| Truck Emissions | Paused/Challenged | Manufacturers seeking to exit agreements |
| Climate Disclosure | Partially Halted | Ninth Circuit Court Injunction |
| General GHG Authority | Critical | Rescission of the Endangerment Finding |
The outcome of these cases will likely be decided by the Supreme Court within the next year or two. Would you like me to break down how the Major Questions Doctrine specifically applies to these California cases?
