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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Wagons don’t get a lot of love Stateside, with American buyers choosing SUVs over – well, pretty much every other type of vehicle imaginable. That’s our loss, as the latest plug in hybrid versions of the Volkswagen Passat are here to prove.
The latest Passat Variant eHybrid (or, in some markets, Vario, which is what the Europeans like to call wagons) is different from the version we get in the US. Unlike the domestic version which is based on a low-cost platform specific to the US and China, the Euro-market version is built on the MQB platform that underpins VW’s flagship Arteon four-door coupe and both VW‘s and Audi’s entry-luxe SUVs.
That might seem weird, since VW has sold more than 34 million units sold worldwide and the Passat is the second top-selling Volkswagen of all time (behind the Golf and ahead of the Beetle). It’s understandable, then, that the European execs are pretty proud of their Passat.
The latest evolutionary stage of the modular transverse matrix (MQB evo)forms the highly innovative technical basis of the ninth Passat generation. Thanks to the significant economies of scale of the MQB evo, Volkswagen has again democratised numerous high-tech developments and made them available for hundreds of thousands of drivers. The two completely newly developed plug-in hybrid drives (eHybrid) are a perfect example of this. In combination with a new battery, they make all-electric ranges of around 100 km possible. This distance turns the new Passat Variant into an electric vehicle for everyday life – this is additionally ensured by short charging times as the battery can now be charged at AC charge points with 11 kW instead of the previous 3.6 kW. The Passat Variant eHybrid can even be charged with up to 50 kW at DC fast charging stations. In addition, the combination of electric drive motor and new economical turbocharged petrol engine provides overall ranges of around 1,000 km.
KAI GRÜNITZ
Member of the Brand Board of Management, VW
In case the jealous American wago-philes reading this aren’t jealous enough, Volkswagen has announced new Passat eHybrid Match and Black Editions that add nearly £5k of options for the new model year effectively for free.
“Match is better equipped than the outgoing Life, with additional features including metallic paint, VW’s IQ.Light LED matrix headlights, tinted rear windows and an ‘assistance pack’ which adds area view and emergency assist,” reports Alastair Crooks, from the UK car site AutoExpress. “The new Black Edition comes with metallic paint, 19-inch alloy wheels, a panoramic sunroof, tinted rear windows (darker than the Match’s), heated front and rear seats, a head-up display, a 15-inch central touchscreen and the same assistance pack as the Match.”
The entry-level Match replaces the previous Life trim, but costs the same £45,555 (about $60,500), while the Black Edition costs the same as the outgoing R-Line, from £48,900 (about $64,950). The order books open 14 August.
You can take a look at some of the VW press photos of the European Passat wagon Variant, below, then let us know if you’d rather have this for $60K or the discount American version in the comments.
VW Passat Variant gallery
SOURCE | IMAGES: VW, via AutoExpress.
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Wirtgen Vögele recently revealed the battery-powered MINI 500e and the MINI 502e electric pavers. With an electrically heated screed, a range of paving widths, and zero-emission operations, they’re paving a greener, cleaner path.
Co-developed by Wirtgen Vögele and Italian road equipment manufacturer C. M. S.r.l., the new electric pavers will enable contractors to bid on construction projects that are subject to even the strictest noise and emission limits – but the company is quick to point out that they’re capable enough to serve on conventional job sites.
“These pavers excel on small-scale construction projects and jobs covering a small area – the type of work for which paving crews would not previously have been able to use machines,” reads the official Wirtgen Vögele copy. “Thanks to their elimination of manual labor, among other benefits, the new MINI pavers improve the efficiency and quality of asphalt paving, particularly in the construction of sidewalks and drains, as well as in tight downtown locations.”
The new Wirtgen MINI 502e (the one with wheels) and the MINI 500e (the one with crawler tracks) offer pave widths from 0.25 to 1.8 m, feature a battery-electric drive outputting 22.8 kW (30 hp), and your choice of either a 15 kWh or 22 kWh 48V li-ion battery – good enough battery capacity for up to 16 hours of continuing paving. Both versions can be fully charged on a conventional 110/120 “L1” power socket in about eight hours.
Electrek’s Take
At the end of the day, it doesn’t matter what the federal EV incentives are or even what the guys on your crew want to operate. What matters is that construction noise upsets Mrs. Clancik’s terrier, and she will force the town council to keep the noise down all by herself.
If your construction company wants to bid on any municipal work, that means you’re gonna have to stay quiet. Maybe even keep the smells to a minimum, too. Buying electric equipment means you can do both.
SOURCE | IMAGES: Wirtgen, via Construction Equipment International.
If you’re considering going solar, it’s always a good idea to get quotes from a few installers. To make sure you find a trusted, reliable solar installer near you that offers competitive pricing, check out EnergySage, a free service that makes it easy for you to go solar. It has hundreds of pre-vetted solar installers competing for your business, ensuring you get high-quality solutions and save 20-30% compared to going it alone. Plus, it’s free to use, and you won’t get sales calls until you select an installer and share your phone number with them.
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Car brands like Volvo, Mercedes-Benz, and Tesla have built up solid reputations for safety, but their ultra-safe vehicles often come with a premium price tag. The good news for car buyers looking for a deal, but still prize safety, is that there’s an all-electric Hyundai for under $40K that scores top marks on the IIHS’ toughest new safety tests.
SKIP THE STORY: take me to the deals.
Last Februray, the Insurance Institute for Highway Safety (IIHS) established new benchmark criteria that included stricter side-impact and moderate overlap crash safety standards, improved safety for back seat passengers, and a stronger emphasis on pedestrian detection in low light.
“We followed the tougher requirements we introduced last year with another major update to the award criteria,” explains IIHS President David Harkey. “(The 2024) winners are true standouts, offering the highest level of protection for both vehicle occupants and other vulnerable road users.”
The Insurance Institute for Highway Safety is making it harder to earn its Top Safety Pick and Top Safety Pick+ awards from 2024, challenging manufacturers to offer better protection for back seat passengers and improve their pedestrian crash avoidance systems.
We’ve covered a few of the standout performers already over the past year-plus since the new safety standards were awarded, including the Rivian R1T (the only electric pickup to earn the coveted Top Safety Pick+ award), Audi Q6 e-tron, and the Tesla Model Y … but what we haven’t written about was the fact that the Hyundai IONIQ 6 was the only electric sedan to get a Top Safety Pick+, as well.
Why it matters, now
With the average transaction price of a new car at $48,907 and the looming demise of the $7,500 Federal tax credit accelerating demand for EVs (even for those that may not qualify), new EV buyers looking for a dependable commuter with long-range chops, ultra-fast charging capabilities, and the latest infotainment tech for under $40,000 have precious few options. And, if that Top Safety Pick+ rating is a must have? They only have one.
The good news is that it’s an excellent option. The 2024 version was named Car and Driver‘s 2023 EV of the Year, and led our own Scooter Doll to ask, “is any other automaker delivering more value in high-tech EVs right now?” and Nigel Evans over at CarBuzz to write, “Comparing the Ioniq 6 to its rivals is also an interesting exercise. For example, the Tesla Model 3 RWD now costs more than $40,000, with questionable interior design and layout and no Top Safety Pick+ from the IIHS. You can’t get the Chevrolet Bolt or Bolt EUV anymore in the budget EV sector, but they also lacked fast-charging capability.”
With up to 342 miles of range and a starting MSRP of $37,850 with all trims eligible for $7,500 in Retail Bonus Cash through Labor Day plus dealer discounts (if you can get them) bringing the price down even further, there’s a nonzero chance car buyers will be able to score a 2025 Hyundai IONIQ 6 for a sub-30K transaction price. Other featured deals include 0% interest financing for up to 48 months on any 2025 IONIQ 5 models in dealer inventory for well-qualified buyers, while lease buyers able to get a new SE model for $199/mo. with $3,999 down.
SOURCE | IMAGES: Hyundai, IIHS; via CarBuzz.
If you’re considering going solar, it’s always a good idea to get quotes from a few installers. To make sure you find a trusted, reliable solar installer near you that offers competitive pricing, check out EnergySage, a free service that makes it easy for you to go solar. It has hundreds of pre-vetted solar installers competing for your business, ensuring you get high-quality solutions and save 20-30% compared to going it alone. Plus, it’s free to use, and you won’t get sales calls until you select an installer and share your phone number with them.
Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisors to help you every step of the way. Get started here.
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