Los Angeles Freeway
California is suing the Trump administration, saying it had no right to suspend the state's ability to set auto emissions standards. Eric Demarcq/Flickr

California, joined by 23 other states, the cities of Los Angeles and New York and the District of Columbia, sued the Trump administration Friday for restricting the state’s ability to set emissions standards higher than the national mandate in the latest salvo in the escalating fight between President Trump and California.

Trump announced during a trip to Los Angeles on Wednesday the administration was revoking California’s waiver, saying it would lead to more affordable and safer vehicles on the road. The administration earlier revised Obama-era regulations that would have required cars and light trucks to get an average 51 mpg by 2025, lowering the target to 37 mpg.

EPA spokeswoman Corry Schiermeyer said California misused its authority by trying to control national standards. She said the state only has the right to tackle “local pollution.”

Transportation Secretary Elaine Chao said the administration is trying to establish national rules to allow automakers to standardize their fleets.

“California won’t bend to the President’s reckless and politically motivated attacks on our clean car waiver,” California Gov. Gavin Newsom said in a press release announcing the suit. “We’ll hold the line in court to defend our children’s health, save consumers money at the pump and protect our environment."

Attorney General Xavier Becerra, who has sued the administration 60 times – winning 37 so far -- since Trump took office, called the administration action misguided and Mary Nichols, who chairs the California Resources Board pledged the state would “keep fighting to protect our people and our planet.”

A 2013 waiver from the U.S. Environmental Protection Agency gave California the ability to set strict standards for greenhouse gas emissions. California targets both smog-causing pollutants and greenhouse gas emissions to improve air quality. In an agreement with four automakers – Ford, Honda, BMW and Volkswagen – it agreed to ease mileage requirements to 41 mpg by 2025 and as much as 45 mpg by 2030.

Friday’s lawsuit accuses the administration of disregarding the National Environmental Policy Act by “failing to assess or analyze the damage” the action would have on the environment and public health. It also calls the action arbitrary and capricious, adding it fails to respect a state’s authority to protect its citizens.

Newsom argued the administration analysis of its action is incorrect.

Attorneys general for Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia joined in the suit, as did the cities of Los Angeles and New York.