Court rejects challenge to California’s clean air rules trump said he’d kill
The US Supreme Court today rejected a bid by Ohio and other states to stop California from implementing its own clean air rules, a legal right that California has had since the 60s which Donald Trump has repeatedly tried and failed to remove.
Ever since the 1960s, California has been able to set its own clean air rules, as long as they are at least as strict as federal clean air rules. California was granted this waiver in the Clean Air Act as recognition of its unique air quality challenges.
When the link between gasoline-burning vehicles and smog was discovered, California was building its own clean air rules at the same time as the federal government was.
At the time (and still), Los Angeles was choked with smog. The city is built around car transportation (after public transit in the city was destroyed by literal cartoon villians), has unique geography which traps smog above most of its population, and is also currently home to the largest container ports in America, through which ~40% of the country’s containerized traffic now comes.
The central valley of California is also home to a lot of smog – with the most agriculturally productive land in the country producing half of the nation’s fruits, nuts and vegetables. But it’s surrounded by mountains, and smog has nowhere to go.
Since the federal government didn’t want to pre-empt efforts that were already underway in California (under then-Governor Ronald Reagan), and acknowledging that California’s challenges were unique, it allowed the EPA to review California’s rules and grant it a waiver to run under its own clean air regulations as long as they are at least as good as the EPA’s.
Other states are allowed to follow these rules, but only if they copy them exactly. These are known as “section 177 states,” named after the section of the Clean Air Act that grants this waiver, or “CARB” states, named for the California Air Resources Board which creates the state’s regulations.
So for the last 60 years, California has mostly run under its own clean air rules. There was a brief period during the Obama administration where California and federal rules were harmonized – but industry lobbying and the meddling of an ignorant reality TV host resulted in a shattering of that harmony, giving companies a more difficult regulatory environment.
These clean air rules have been a success, resulting in a >98% reduction in vehicle-based pollutants in the LA area, even as total vehicle miles traveled have gone up (and that news was from 2012 – it’s gotten even better since then due to EVs).
However, there’s still more work to be done, as LA and the nearby Inland Empire still have quite dirty air.
And so, California released a new set of clean air rules in 2022, which the EPA is expected to approve this week.
But other states immediately challenged those rules, despite that the rules do not affect them.
The challenge was brought by Ohio and 16 other republican-led states who sought to end the California’s long-supported state’s right to protect its residents from dirty air.
The states argued that the Constitution doesn’t allow the government to treat states unequally (despite that all of the states bringing the lawsuit have more Congressional representation per capita than California does), so letting California set clean air rules is unfair. The states seem to think that Californians should be required to breathe just as much poison as their republican leadership is forcing onto their citizens.
The case has already made its way through the court system, with courts reasonably ruling that the law, which has been effective for 60 years at reducing pollution and health costs for Californians and other CARB states, should stand. In April, the DC court of appeals affirmed California’s right.
But that wasn’t enough for Ohio and the 16 republican states, who brought their desire to poison Californians all the way so the Supreme Court of the United States.
That Court today denied the states’ petition, thus affirming the DC Court’s decision will stand. 8 of the 9 individuals sitting on the Court agreed not to review the case and to let the lower court’s decision stand, though Clarence Thomas stated that he would have taken the case.
In addition, last Friday, while the Court did agree to hear a case involving an oil industry challenge to California’s clean air rules, that case is narrowly limited to the issue of standing, or deciding what entities are allowed to bring cases to court. When it accepted that petition, the Court said it will not consider review of California’s right to set its own emissions standards.
Electrek’s Take
Well, I’ll take this as my opportunity to eat a little bit of crow. Even as late as last week, I thought there was a good chance the Court would torture itself into some sort of extra-legal reasoning to try to stop California’s rules, as it has before on CO2 emissions and Chevron deference.
But on Friday and today, the Court denied review of not one but two separate cases in that respect, so it seems like it either doesn’t want to hear cases about California’s well-established legal authority – or perhaps that it’s just waiting until the time is right to strike. We’ll have to see which one it is – I still don’t trust them given their explicit corruption, but we can take a breath for now.
All of this happens just over a month before convicted felon Donald Trump, who finally received more votes than his opponent on his third attempt (despite committing treason in 2021, for which there is a clear legal remedy), will once again find himself squatting in the White House. Mr. Trump has stated repeatedly that he wants to reverse clean air policies, thus saddling Americans with dirtier air, higher costs and poorer health, and to destroy the US EV market and send US manufacturing jobs to China.
And one of his common targets has been California, the state that has done the most in favor of advancing clean air – which is obviously anathema to a dirty air advocate like himself. He has signaled that he wants to “rip up” California’s waiver, an effort which he tried and failed to do before. So expect a fight to come in the coming years, with California once again on the side of clean air, and Mr. Trump once again on the side of poisoning Americans.
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The new and improved 2026 Kia EV9 and 2025 EV6 are eligible for the $7,500 federal EV tax credit, but one trim is excluded.
Do the Kia EV6 and EV9 qualify for the federal tax credit?
Kia’s first dedicated electric vehicle, the EV6, received some pretty major upgrades for its mid-cycle update this year.
The 2025 EV6 features a bigger battery providing more range (now up to 319 miles), a stylish interior and exterior redesign, and an NACS port for charging at Tesla Superchargers.
Kia’s first three-row electric SUV, the EV9, also has a native NACS charging port and will be the first model year to offer a high-performance GT trim.
We got a good look at the EV9 GT at the LA Auto Show last year (check it out here). The sporty electric SUV boasts 501 hp, which is quite a bit more than the current GT-Line’s 379 hp. The added power is enough for the big-body SUV to move from 0 to 60 mph in just 4.3 seconds.
Although Kia America’s vice president of sales, Eric Watson, confirmed the EV6 and EV9 are now in “full-scale production” at its plant in West Point, Georgia, not all trims will qualify for the $7,500 federal tax credit.
According to CarsDirect, Kia told dealers that the 2025 EV6 and 2026 EV9 GT trims wouldn’t be eligible for the credit. A spokesperson said the exclusion is because Kia builds the EV6 GT and EV9 GT in South Korea, while all other trims are assembled in Georgia.
If Trump’s 25% tariff on South Korea is still in effect when the GT models launch in the US, it could create a significant price gap between trims.
Despite this, you will likely still be able to take advantage of the credit through leasing. Kia, like many, is passing the $7,500 on through lease cash, which can significantly cut monthly payments.
Kia will reveal more info, including prices, closer to launch. Check back soon. We’ll keep you updated with the latest.
With the new models arriving soon, Kia is offering clearance pricing on outgoing models. Monthly leases start as low as $179. You can use our links below to find deals on the Kia EV6 and EV9 near you.
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Donald Trump is expected to sign executive orders today to resuscitate the US coal industry – here’s why this is a complete waste of time.
Once again, using “emergency authority” by citing the growing power needs from data centers, EVs, and AI, the executive orders will allow some old coal-fired power plants scheduled for retirement to stay online.
The orders will also direct federal agencies to identify coal resources on federal lands, lift barriers to coal mining barriers, and prioritize coal leasing on US lands.
An Obama-era moratorium that paused coal leasing on federal lands will officially be acknowledged and federal agencies will be required to scrap policies moving away from US coal production. Trump also wants to boost coal exports and speed up coal technology development.
Electrek’s Take
The coal and mineral industry is happy about this executive order, as well as the EPA recently giving them a free pass to pollute, and the MAGA crowd might think this is great, but no one else thinks this clever.
Trump can try to pretend that coal is “clean,” but it doesn’t change the fact that coal is the dirtiest of fossil fuels – its emissions killed 460,000 people between 1999 and 2020. Plus, it’s not even cost-effective – even natural gas is cheaper than coal. And these plants are old – the average age of the plants that are online is 53.
Coal has been in decline for a long time – it peaked in 2007. As I just wrote last month, coal fell to a record low of 15% of total electricity generation in the US in 2024, and wind and solar accounted for 17% of total electricity generation. That’s right – wind and solar successfully provided more power generation in the US than coal last year.
And while electricity demand will indeed skyrocket over the following decades, clean energy is capable of meeting that demand. The Energy Information Administration projects that in 2025, 93% of new power added to the US grid will be from solar, wind, and battery storage.
In an emailed statement, Kit Kennedy, managing director for power at the Natural Resources Defense Council, questioned whether a mandate for Americans to commute by horse and buggy would be next. It’s a fitting sentiment because the fact that I’m even writing a story in 2025 about why trying to revive coal is a bad idea feels ludicrous. Trump seems to forget he’s not William McKinley and this isn’t 1900.
Read more: Renewables to continue driving US power generation growth – EIA
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After a few “technical advances,” BMW is upgrading its EVs with more driving range, features, and options. All BMW i5 models now have more range, while the 2026 iX has an EPA-estimated driving range of up to 364 miles.
BMW iX and i5 EVs gain more range
BMW announced 2025 model year updates coming this spring with a few exciting improvements to look forward to.
The BMW i5 eDrive40 features up to 310 miles of range, up from 295 miles in the outgoing model. Meanwhile, the i5 xDrive40 has a driving range of up to 278 miles, up from 266 miles in the 2025 model year.
BMW said that the improvements are due to “a number of technical advances that reduce energy consumption, and, thus, improve their range.” The new i5 uses a more efficient, more powerful SiC inverter, which also powers the new 2026 iX.
All BMW 5 Series models are available with a new Frozen Portimao Blue metallic paint color. Two new Merino leather interior colors have also been added: Dark Violet/Atlas Grey and Taupe/Atlas Grey.
| BMW i5 model | Driving Range (increase from MY2025) |
| i5 eDrive40 (19-in wheels) | 310 mi (+ 5%) |
| i5 eDrive40 (20-in wheels) | 300 mi (+ 8%) |
| i5 eDrive40 (21-in wheels) | 278 mi (+ 3%) |
| i5 xDrive40 (19-in wheels) | 278 mi (+ 5%) |
| i5 xDrive40 (20-in wheels) | 272 mi (+ 4%) |
| i5 xDrive40 (21-in wheels) | 259 mi (+ 4%) |
Although BMW revealed the 2026 iX earlier this year, the company now says it has an even greater EPA-estimated range than it projected.
The 2026 BMW iX xDrive60 is rated with a range of 364 miles when equipped with 20″ Aero wheels on summer tires, 7% higher than the 340 miles it initially expected. It’s also a drastic improvement from the 309-mile rating for the 2025MY.
Despite the upgrades, BMW’s electric SUV gets a $12,100 price cut thanks to a new entry-level xDrive45 model, which starts at just $75,150.
| Horsepower | Starting Price* | Driving Range | |
| 2026 BMW iX xDrive45 | 402 hp | $75,150 | 312 miles |
| 2026 BMW iX xDrive60 | 536 hp | $88,500 | 364 miles |
| 2026 BMW iX M70 | 650 hp | $115,500 | 303 miles |
BMW fine-tuned the exterior, which now includes new vertical headlights and a revamped Kidney Grille that illuminates.
The 2026 BMW iX is also the first BMW to feature its new Curved Display OS with video streaming, in-car gaming, and more.
Ready to try out BMW’s electric cars for yourself? We can help you get started. Check out our links below to find BMW iX and i5 models near you.
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