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Virginia to Abandon California’s Vehicle Emissions Rules, Citing Attorney General Opinion

Virginia’s Governor, Glenn Youngkin, recently announced that the state will abandon California’s strict vehicle emissions rules that aim to reduce carbon pollution. The decision comes as the current regulations set by the California Air Resources Board are set to expire at the end of the year. The move is backed by an attorney general opinion, which states that Virginia is not obligated to comply with the new mandates.

Youngkin, a Republican, asserts that Virginians deserve the freedom to choose vehicles that fit their needs, criticizing the notion of government dictating what cars people can buy. He views the electric vehicle mandate imposed by unelected leaders as fundamentally wrong and declares Virginia’s independence from California’s regulations.

However, the decision has faced criticism from Democrats and environmental groups. Senate Majority Leader Scott Surovell compared Youngkin’s assertion of power to that of Russian President Vladimir Putin and accused the governor of breaking the law. The Southern Environmental Law Center deems the decision illegal, shortsighted, and bad public policy.

Trip Pollard, a senior attorney at the center, emphasizes that the Clean Cars standards would facilitate the transition to cleaner vehicles and bring significant health and environmental benefits to Virginians. Pollard argues that Youngkin cannot unilaterally change the outcome since the General Assembly adopted the standards.

In response to the backlash, Attorney General Jason Miyares defends the opinion from his office, asserting that Virginians are no longer required to follow California’s standards. Miyares believes that California’s electric vehicle mandates are unworkable and out of touch with reality. He rejects the idea that automobile manufacturers should face civil penalties, stating that Virginians should have the freedom to choose their own vehicles.

To implement this decision, Virginia will default to federal standards at the end of the year, according to Natural and Historic Resources Secretary Travis A. Voyles. Voyles explains that Miyares’ opinion confirms that state law does not compel the State Air Pollution Control Board to adopt California’s new standards, and the board has not exercised its discretionary authority to do so.

It is worth noting that Virginia’s “clean cars” law was initially adopted in 2021 when Democrats had full control of the state government. The law mandated that a certain percentage of new passenger vehicles sold by manufacturers be electric or hybrid electric starting in 2024. The mechanism for meeting this threshold involved adopting California’s vehicle emissions standards, as California has long had the authority to set its own rules under a waiver from the federal Clean Air Act. It is now uncertain how Virginia will proceed with achieving its clean car goals.

While Governor Youngkin’s decision to abandon California’s vehicle emissions rules may please those who value individual freedom and choice, it has generated significant backlash from Democrats and environmentalists. The outcome remains uncertain, and it remains to be seen what impact this move will have on Virginia’s efforts to reduce carbon pollution and promote cleaner vehicles.