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Vermont joins 11 other states in suing the Trump administration over EV rules

A white and black charger plugged into a white electric vehicle
April McCullum
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¿ªÔÆÌåÓý
The states' lawsuit centers around California’s ability to regulate air pollution from cars and trucks more stringently than the federal government, and to require the sale of more electric vehicles within its borders. Vermont and more than a dozen other states have adopted California's rules within their own borders.

Vermont is joining 11 other states in the Trump administration for California’s long-standing ability to regulate air pollution from cars and trucks more stringently than the federal government, and to require the sale of more electric vehicles within its borders.

At stake is Vermont and other states� ability to phase out the sale of new gasoline and diesel powered cars, in favor of electric alternatives.

The lawsuit alleges that Congress � and the president in signing resolutions earlier this week � acted illegally to revoke waivers that allow California to set these stricter standards, and other states to follow their lead.

Vermont is that have adopted California’s rules.

In a statement issued Thursday, President Donald Trump was critical of California’s policy:

“It is the Federal Government, not states, that should establish vehicle emissions standards given the inherently interstate nature of air quality,� he said. “A patchwork of state vehicle regulations on this subject is unworkable.�

More from ¿ªÔÆÌåÓý: Vermont’s planned EV chargers on pause after Trump suspends program

In a statement, Vermont Attorney General Charity Clark called the move an “inappropriate overreach� by Congress and the administration.

“Vermonters believe in protecting our environment and we understand the importance of transitioning to cleaner cars and trucks,� Clark said. “And critically, Congress cannot circumvent the processes enshrined in the Clean Air Act.�

Vermont is one of several states that has adopted California’s standards for cars and trucks, which would phase out the sale of new diesel and gasoline powered vehicles by 2035.

To date, it’s the biggest step outlined in Vermont’s Climate Action Plan that the state has taken to reduce greenhouse gas emissions from transportation.

Reducing climate-warming pollution from cars and trucks will be crucial for Vermont to meet its statutory commitments to cut greenhouse gas emissions under the Global Warming Solutions Act, as transit is the state’s biggest source of emissions.

Gov. Phil Scott issued an this spring pausing Vermont’s implementation of the latest phase of California’s EV rule, which was set to require car manufacturers to send more electric vehicles to Vermont car dealerships starting in January 2026.

More from Vermont Edition: Why did Gov. Scott pause the electric vehicle mandate?

Vermont first signed on to follow California’s lead in regulating car emissions decades ago. Clark said it reflects the state's longstanding commitment to protecting the environment � and a system that has been in place and worked well for a long time.

“Twenty-five years ago we jumped on board, and we've been able to live in our values for this whole time,� Clark said. “Now we're in a situation where it's really disappointing that we have a president who doesn't want to follow the rules, and we're having to waste time in court fighting for what we should be able to have just by virtue of the law.�

The lawsuit filed Thursday argues that Congress and the federal government are circumventing the established process to roll back the waivers. The states say this flies in the face of long-standing legal precedent under the Clean Air Act and other laws, and is unconstitutional.

They allege the Trump administration is violating states� rights and subverting the separation of powers, among other complaints.

Elena Mihaly is a lawyer with the environmental nonprofit Conservation Law Foundation. She applauded Vermont's lawsuit, and said these rules are critical for New England states in particular.

"Transportation is one of, if not the largest, source of carbon pollution in New England," Mihaly said. "It's really important that we retain having a way to tackle that pollution issue."

California, Colorado, Delaware, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island and Washington are among the other states filing suit.

Mihaly said it's critical that even small states like Vermont take a stand against efforts to roll back environmental protections at the federal level.

"I think this is a time where we need states to be not abandoning their own climate policies and not letting the Trump administration tell them what they can and cannot do in terms of tackling climate change in their state," she said.

This is the third environmental lawsuit Vermont has brought against the Trump administration since President Trump took office in January.

Abagael is ¿ªÔÆÌåÓý's climate and environment reporter, focusing on the energy transition and how the climate crisis is impacting Vermonters â€� and Vermont’s landscape.

Abagael joined ¿ªÔÆÌåÓý in 2020. Previously, she was the assistant editor at Vermont Sports and Vermont Ski + Ride magazines. She covered dairy and agriculture for The Addison Independent and got her start covering land use, water and the Los Angeles Aqueduct for The Sheet: News, Views & Culture of the Eastern Sierra in Mammoth Lakes, Ca.

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