Ruling paves way for Biden to approve stricter California vehicle rules, but SCOTUS looms

In 2008, President George W. Bush denied a California waiver request. That was a reversal not only from his Democratic predecessor Bill Clinton, but also his father and fellow Republican, former president George H. W. Bush.

Waiver decisions have swung like a pendulum since then. The Obama administration reversed the 2008 decision. The Trump administration later revoked the waiver and, in 2022, the Biden administration restored it.

Biden has prioritized curbing vehicle emissions and promoting EVs as part of his efforts to combat climate change. The 2022 restoration was part of his climate-minded regulatory agenda.

In line with that decision, several industry experts told The Detroit News that they expect Biden to approve California's current request for a new waiver within the next few months.

But they also said political and legal challenges remain ahead.

Anderson said that he expects former President Donald Trump, if elected, to try to revoke California's EPA waiver once again. There is also widespread speculation that the plaintiffs in Ohio v. EPA could appeal to the U.S. Supreme Court.

Albeit in a limited form, the Supreme Court already heard oral arguments for an emergency petition in the case in February. The plaintiffs asked the court to temporarily block enforcement of California’s regulations while lower courts reached a final decision.

The Supreme Court never issued a ruling for that narrow ask, but some of the justices did express skepticism of the EPA's authority to grant California waivers.

The court, in a 6-3 vote by its conservative majority, previously limited the EPA's authority to regulate greenhouse gas emissions in West Virginia v. EPA.

A group of Republican lawmakers — including U.S. Reps. John James and Tim Walberg, both of Michigan — encouraged a similar outcome in an amicus brief filed Monday. The brief was filed in the D.C. District Court of Appeals but alludes to potential action from the Supreme Court.

"Energy policy is a complex undertaking, which is why Congress has sparingly and specifically delegated policy authority to agencies and why the Supreme Court has guarded Congress’ authority in West Virginia and other major question cases," the brief said.

"This Court should reject another attempt by EPA to circumvent Congress."