California announces lawsuit to resist Congress’ illegal attacks on clean air
California will go to court to protect its clean air in the face of illegal attacks by republicans in Congress, said California Governor Gavin Newsom today.
Earlier today, the US Senate voted to revoke California’s waiver to set its own clean air rules using the Congressional Review Act (CRA). The House previously voted on a similar measure earlier this month.
For more than half a century, California has asked for and been granted this waiver that allows it to set its own emissions rules. Other states can follow California’s rules (and around 11 states do so, though that amount differs for each rule), as long as they do so exactly, and as long as those rules are stronger than the national ones.
It has this unique authority because California had its own Clean Air Act before the federal Clean Air Act was passed, and because the state had a unique problem with smog at the time and needed stricter rules than the rest of the country. So a carveout was made in the federal law in recognition of this, and California has been granted this waiver over 100 times after following proper rulemaking processes, and denied zero times.
California’s clean air laws have been effective in reducing pollution, with vehicle-based pollutants dropping by 98% in the last 50 years. But of course, there’s still more to be done, as the LA area remains one of the smoggiest in the country due to factors including geography, high car dependency, heavy shipping traffic, and a lack of public transitt.
Despite the protestations of industry at the time and since, these rules have not made it impossible for them to operate, or sell cars, or profit from selling cars, in California or any other states that follow its rules.
California’s newest set of rules is set to save Californians, and the residents of other states who follow them, hundreds of billions of dollars on health, fuel, and maintenance costs through 2050 by encouraging electrification – and of course will save thousands of lives due to pollution reductions.
Republicans targeted not just California’s regulation on light duty vehicles (ACC II), but also some other truck emissions rules (the ACT and HD low-NOx Omnibus rules), with their CRA action today.
The problem is, Congress does not have the power to revoke this waiver, because that’s not how the CRA works.
The CRA is an until-recently rarely-used Act which allows Congress to disapprove of recent rules set by a federal government agency, and bar that agency from implementing similar rules.
However, California’s waiver is not a rule from a federal government agency, it’s a waiver from the EPA to let California set its own rules. Therefore, the CRA doesn’t apply, as acknowledged by the Senate Parliamentarian, the Government Accountability Office, many, many other legal observers, and even Congress itself, where Senator Mike Lee voted to rescind the waiver, despite saying clearly that it “cannot be reviewed under the Congressional Review Act (CRA).”
It’s also outside the 60 day window allowed for review by the CRA. Stack another violation of law on top of the first one.
So, today’s action by Congress is illegal, and California is now going to court to stop it.
California announces lawsuit to protect clean air
Hot on the heels of republicans declaring their desire to raise health and fuel costs for Americans, and their opposition to clean air, California Governor Gavin Newsom came out with a response, committing to taking the issue to court, as California has done (and won) in the face of previous republican attacks on clean air.
Gov. Newsom declared his opposition to the republican plan to “Make America Smoggy Again” today, saying:
“This Senate vote is illegal. Republicans went around their own parliamentarian to defy decades of precedent. We won’t stand by as Trump Republicans make America smoggy again — undoing work that goes back to the days of Richard Nixon and Ronald Reagan — all while ceding our economic future to China. We’re going to fight this unconstitutional attack on California in court.”
-California Governor Gavin Newsom
California Attorney General Rob Bonta also spoke at the press conference, saying:
“With these votes, Senate Republicans are bending the knee to President Trump once again. The weaponization of the Congressional Review Act to attack California’s waivers is just another part of the continuous, partisan campaign against California’s efforts to protect the public and the planet from harmful pollution. As we have said before, this reckless misuse of the Congressional Review Act is unlawful, and California will not stand idly by. We need to hold the line on strong emissions standards and keep the waivers in place, and we will sue to defend California’s waivers.”
In its press release, the California Governor’s Office pointed to the decades of precedent upholding California’s waiver, which is protected by the Clean Air Act. It also pointed out that the California Air Resources Board was established under Governor Ronald Reagan, and waivers were first granted by President Richard Nixon.
Both of these individuals are republicans, though from a time before the party had fallen quite so far down the rabbit hole of openly wishing harm on Americans.
California goes on to talk about how Congress’ actions make driving less affordable by raising fuel and health costs, hand over the keys to the auto industry to China by slowing down the US auto industry’s transition to EVs, and harm the climate leadership of California, the most productive state and the 4th largest economy in the world, which has grown by 78% since the year 2000 while cutting greenhouse gas emissions by 20% since then.
California did not yet file the lawsuit, merely stated its intent to do so today. But courts have ruled in favor of California many times in the past in cases related to its authority to protect its own air, most recently doing so in December.
Clean air groups also offered their support for California’s lawsuit. The Environmental Defense Fund said:
“We stand with California’s leaders in protecting the health and safety of millions of people from harmful vehicle pollution. The state’s clean air standards for new cars and trucks protect children’s lungs and the communities where they grow up from smog and soot. They help farmers, builders, and others who work outdoors breathe easier. They reduce the climate pollution that fuels deadly wildfires, droughts, and other disasters. They save hard-earned money at the pump — and they save thousands and thousands of lives”
-Vickie Patton, General Counsel, Environmental Defense Fund
While the EDF did not yet join the lawsuit (as it hasn’t been filed), a number of nonprofits joined another California lawsuit against an illegal freeze on charging funds today, so we may expect future comment from the groups involved in that lawsuit.
On another note, republicans took action to cut the rooftop solar credit today. That means you could have only until the end of this year to install rooftop solar on your home, before republicans raise the cost of doing so by an average of ~$10,000. So if you want to go solar, get started now, because these things take time and the system needs to be active before you file for the credit.
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BMW Motorrad’s futuristic electric scooter just got its first real refresh since beginning production in 2021. The BMW CE 04, already one of the most capable and stylish electric maxi-scooters on the market, now gets a set of upgraded trim options, new aesthetic touches, and a more robust list of features that aim to make this urban commuter even more appealing to riders looking for serious electric performance on two wheels.
The BMW CE 04 has always stood out for its sci-fi styling and high-performance drivetrain. It’s built on a mid-mounted liquid-cooled motor that puts out 31 kW (42 hp) and 62 Nm of torque. That’s enough to rocket the scooter from 0 to 50 km/h (31 mph) in just 2.6 seconds – quite fast for anything with a step-through frame.
The top speed is electronically limited to 120 km/h (75 mph), making it perfectly capable for city riding and fast enough to hold its own on highway stretches. Range is rated at 130 km (81 miles) on the WMTC cycle, thanks to the 8.9 kWh battery pack tucked low in the frame.
But while the core performance hasn’t changed, BMW’s 2025 update focuses on refining the package and giving riders more options to tailor the scooter to their taste. The new CE 04 is available in three trims: Basic, Avantgarde, and Exclusive.
The Basic trim keeps things clean and classic with a Lightwhite paint scheme and a clear windshield. It’s subtle, sleek, and very much in line with the CE 04’s clean-lined aesthetic. The Avantgarde model adds a splash of color with a Gravity Blue main body and bright São Paulo Yellow accents, along with a dark windshield and a laser-engraved rim. The top-shelf Exclusive trim is where things get fancy, with a premium Spacesilver metallic paint job, upgraded wind protection, heated grips, a luxury embroidered seat, and its own unique engraved rim treatment.
There are also a few new tech upgrades baked into the options list. Riders can now spec a 6.9 kW quick charger that reduces the 0–80% charge time to just 45 minutes (down from nearly 4 hours with the standard 2.3 kW onboard charger). Tire pressure monitoring, a center stand, and BMW’s “Headlight Pro” adaptive lighting system are also available as add-ons, along with an emergency eCall system and Dynamic Traction Control.
BMW has kept the core riding components in place: a steel-tube chassis, 15-inch wheels, Bosch ABS (with optional ABS Pro), and the impressive 10.25” TFT display with integrated navigation and smartphone connectivity. The under-seat storage still swallows a full-face helmet, and the long, low frame design means the scooter looks like something out of Blade Runner but rides like a luxury commuter.
With these updates, BMW seems to be further cementing the CE 04’s role at the high end of the electric scooter market. It’s not cheap, starting around €12,000 in Europe and around US $12,500 in the US, with prices going up from there depending on configuration. However, the maxi-scooter delivers real motorcycle-grade performance in a package that’s easier to live with for daily riders.
Electrek’s Take
I believe that the CE 04’s biggest strength has always been that it’s not trying to be a toy or a gimmick. It’s a real vehicle. Sure, it’s futuristic and funky looking, but it delivers on its promises. And in a market that’s still surprisingly sparse when it comes to premium electric scooters, BMW has had the lane mostly to itself. That may not last forever, though. LiveWire, Harley-Davidson’s electric spin-off brand, has teased plans for a maxi-scooter-style urban electric vehicle in the coming years, but as of now, it remains something of an undefined future plan.
Meanwhile, BMW is delivering not just a concept bike but a mature, well-equipped, and ready-to-ride electric scooter that keeps improving. For riders who want something faster and more capable than a Class 3 e-bike but aren’t ready to jump to a full-size electric motorcycle, the CE 04 hits a sweet spot. It delivers the performance and capability of a commuter e-motorcycle, yet with the approachability of a scooter. And with these new trims and upgrades, it’s doing it with even more style.
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If you’ve ever wondered what happens when you combine a fruit cart, a cargo bike, and a Piaggio Ape all in one vehicle, now you’ve got your answer. I submit, for your approval, this week’s feature for the Awesomely Weird Alibaba Electric Vehicle of the Week column – and it’s a beautiful doozie.
Feast your eyes on this salad slinging, coleslaw cruising, tuber taxiing produce chariot!
I think this electric vegetable trike might finally scratch the itch long felt by many of my readers. It seems every time I cover an electric trike, even the really cool ones, I always get commenters poo-poo-ing it for having two wheels in the rear instead of two wheels in the front. Well, here you go, folks!
Designed with two front wheels for maximum stability, this trike keeps your cucumbers in check through every corner. Because trust me, you don’t want to hit a pothole and suddenly be juggling peaches like you’re in Cirque du Soleil: Farmers Market Edition.
To avoid the extra cost of designing a linked steering system for a pair of front wheels, the engineers who brought this salad shuttle to life simply side-stepped that complexity altogether by steering the entire fixed front end. I’ve got articulating electric tractors that steer like this, and so if it works for a several-ton work machine, it should work for a couple hundred pounds of cargo bike.
Featuring a giant cargo bed up front with four cascading fruit baskets set up for roadside sales, this cargo bike is something of a blank slate. Sure, you could monetize grandma’s vegetable garden, or you could fill it with your own ideas and concoctions. Our exceedingly talented graphics wizard sees it as the perfect coffee and pastry e-bike for my new startup, The Handlebarista, and I’m not one to argue. Basically, the sky is the limit with a blank slate bike like this!
Sure, the quality doesn’t quite match something like a fancy Tern cargo bike. The rim brakes aren’t exactly confidence-inspiring, but at least there are three of them. And if they should all give out, or just not quite slow you down enough to avoid that quickly approaching brick wall, then at least you’ve got a couple hundred pounds of tomatoes as a tasty crumple zone.
The electrical system does seem a bit underpowered. With a 36V battery and a 250W motor, I don’t know if one-third of a horsepower is enough to haul a full load to the local farmer’s market. But I guess if the weight is a bit much for the little motor, you could always do some snacking along the way. On the other hand, all the pictures seem to show a non-electric version. So if this cart is presumably mobile on pedal power alone, then that extra motor assist, however small, is going to feel like a very welcome guest.
The $950 price is presumably for the electric version, since that’s what’s in the title of the listing, though I wouldn’t get too excited just yet. I’ve bought a LOT of stuff on Alibaba, including many electric vehicles, and the too-good-to-be-true price is always exactly that. In my experience, you can multiply the Alibaba price by 3-4x to get the actual landed price for things like these. Even so, $3,000-$4,000 wouldn’t be a terrible price, considering a lot of electric trikes stateside already cost that much and don’t even come with a quad-set of vegetable baskets on board!
I should also put my normal caveat in here about not actually buying one of these. Please, please don’t try to buy one of these awesome cargo e-trikes. This is a silly, tongue-in-cheek weekend column where I scour the ever-entertaining underbelly of China’s massive e-commerce site Alibaba in search of fun, quirky, and just plain awesomely weird electric vehicles. While I’ve successfully bought several fun things on the platform, I’ve also gotten scammed more than once, so this is not for the timid or the tight-budgeted among us.
That isn’t to say that some of my more stubborn readers haven’t followed in my footsteps before, ignoring my advice and setting out on their own wild journey. But please don’t be the one who risks it all and gets nothing in return. Don’t say I didn’t warn you; this is the warning.
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