Automakers and the fossil fuel lobby have been campaigning across the country to undermine, delay, or destroy key regulations to reduce pollution from vehicles. In the next few days, it’s critical we all take action to defend these regulations to protect public health and fight climate change.  We don't mean two weeks from now. We mean now.

In this blog, we’ll cover how to take two actions (each will only take 3 minutes!) and then provide more context on what’s going on below. If you take action, email us at drivegreen@greenenergyconsumers.org to let us know!

Update as of April 30: The House of Representatives did vote to use the Congressional Review Act to undo the Biden administration's approval of the waiver needed to implement the Advanced Clean Cars II regulations. That means Action #2 in this blogpost is now moot. The effort to overturn the waiver still needs to proceed through the Senate, so the federal fight is not over yet. All this means it's more important than ever to take Action #1.

Take Action #1: Call Your Governor 

Massachusetts is due to start implementing the Advanced Clean Cars II (ACCII) regulations, which steadily transition sales of new vehicles to electric vehicles (EVs) over the course of a decade, with Model Year 2026; Rhode Island, with Model Year 2027. Nationwide, Governors are under pressure to delay implementation by several years. Governors need to hear now that delay is unacceptable. Strengthen your message by adding a paragraph about why you personally care about fighting climate change and reducing air pollution. 

In Massachusetts, you can reach Governor Maura Healey’s office at (617) 725-4005 or via this form. 

In Rhode Island, you can reach Governor Dan McKee’s office at (401) 222-2080 or via this form.

Call or email your governor with the message below.

Dear Governor ____ 

My name is ____ and I am a constituent, residing in zip code ____. I am calling on you to stay the course and implement the Advanced Clean Cars II regulations – do not delay. The ACCII regulations are key to protecting public health, reducing greenhouse gas emissions, and protecting consumer choice. Without them, we will not meet our required greenhouse reductions and our air quality and public health will get worse. At a time when we are seeing so many rollbacks regarding clean energy and clean air at the federal level, it is critical that our state stands strong. 

Take Action #2: Call Your Federal Representative 

The Trump Administration is attempting to undo states’ authority to implement Advanced Clean Cars II (as well as other key vehicle emissions regulations). They've submitted for congressional review the “waiver” (basically, the permission slip) that the states received from the Environmental Protection Agency to implement these standards. We’ve learned that the House of Representatives is due to vote on this issue on Wednesday, April 30. We do not expect our federal delegations in Massachusetts or Rhode Island to vote in favor of overturning these EPA waivers, but letting them know how you feel is always a good idea – especially these days.  

To take action, follow these steps: 

Find the contact information of your Representative. You can use this tool with your zip code. 

Call or email them with this message:

Hi, my name is _______, and I’m a constituent living in _______, ZIP code _______. 

Email us at drivegreen@greenenergyconsumers.org to let us know you took action!

Context 

Federal 

Generally, it is the job of the federal government – the Environmental Protection Agency (EPA) and the Department of Transportation (DOT) – to regulate vehicle emissions and efficiency. That happens through rules like the CAFE standards and multi-pollutant emissions standards, which the Trump administration is targeting, too. 

However, the state of California can issue stricter regulations than those of the federal government, and other states can choose to adopt California’s standards under what’s known as Section 177 of the Clean Air Act. Before it can implement these standards, California must receive a waiver from the EPA. 

The Biden Administration granted this waiver for three key vehicle regulations: 

• Advanced Clean Cars II (ACCII), which requires a steady increase in the percentage of electric vehicles in the new cars automakers deliver. 
• Advanced Clean Trucks (ACT), which requires a steady increase in the percentage of electric vehicles in new medium- and heavy-duty vehicles automakers deliver. 
• Heavy-Duty Omnibus Regulations (HDO), which require steady decreases in harmful air pollution from diesel-powered heavy-duty vehicles automakers deliver. 

The Trump Administration has identified all three regulations as targets and has submitted them to Congress for review under the purview of the 1996 Congressional Review Act (CRA). The CRA allows Congress to overturn "rules of general applicability” from executive agencies. However, the waivers granted by EPA are not one of these rules that are subject to the CRA; they are an “adjudication.” We know that’s a lot of legalese, but the key point is that the CRA cannot be used to rescind EPA waivers.  

The House is expected to vote on this issue next Wednesday, April 30. (In the Senate, the Senate Parliamentarian recently determined that the waiver is not subject to the CRA. It remains to be seen what next steps will be in that chamber.) If the House votes to overturn the EPA waivers, that’s bad news for climate and public health. But it also sets a dangerous precedent and opens up many other waivers in the clean energy space but also many other sectors. Opposing this misuse of the CRA is about protecting key climate regulations and protecting the separation of powers within our government. (The Supreme Court is also hearing arguments about whether energy producers (read: the fossil fuel industry) can sue the EPA over the waiver for ACCII.)  

State 

Meanwhile, governors across the country are under a lot of pressure from industry to delay implementation of these regulations, even while this federal fight is ongoing. Rhode Island has adopted all three standards and will start implementation with model year 2027. Massachusetts adopted all three standards as well, but delayed implementation of HDO until model year 2026 back in October 2024 and announced a two-year period of “enforcement discretion” for ACT earlier this month. We know there’s a national push by automakers and the fossil fuel lobby to make ACCII the next target. Maryland already announced a delay by executive order, with no opportunity for public comment. 

ACCII is designed to facilitate the gradual transition of the fleet to electric vehicles (EVs) by requiring manufacturers to increase the availability of EVs year over year. The obligation to comply sits with automakers, not dealers or customers. Compliance is entirely feasible thanks to the variety and availability of passenger EVs, flexibilities built into the rule, and Massachusetts' and Rhode Island's strong support for electrification via complementary state programs, not to mention the ingenuity and leadership of businesses across our two states. 

We need ACCII to: 

• Protect public health: Fossil-fuel powered vehicles are responsible for noxious air pollution that harms human health. These impacts are most acutely felt in communities of color and low-income communities. Delaying ACCII would delay reductions in these harmful emissions, at a time when air quality in the region is getting worse. 
• Reduce greenhouse gas emissions: Transportation is the largest sector source of greenhouse gas emissions in our two states. States outside of California cannot write their own vehicle emissions or efficiency standards, so adopting California standards is the backbone of the transportation sector plan in both Massachusetts’ Clean Energy & Climate Plan and Rhode Island’s Greenhouse Gas Emissions Reduction Plan. Without ACCII, it is undeniable that we will be unable to reduce greenhouse gas emissions by 2030 as required by state law (50% in Massachusetts, 45% in Rhode Island). 
• Protect consumer choice: States that adopt clean vehicle standards out of California see more EV variety and availability than states without these standards. Without ACCII, residents and businesses in our states will have less access to the EV models that can help them save money on fuel and maintenance, and the market for used EVs will not grow as quickly or robustly. 
  

In Massachusetts in particular, delaying ACCII could have legal ramifications for the Commonwealth. The 2022 climate law signed by Governor Baker, An Act Driving Clean Energy and Offshore Wind, prohibits the sale of new vehicles that are not zero-emission after 2035. To achieve that requirement, we need the glide-path provided by Advanced Clean Cars II.

No Sugar Coating 

If states do not implement vehicle standards like ACCII – either because of federal action or state delay - it will be impossible for Massachusetts and Rhode Island to meet their 2030 greenhouse gas emissions reduction requirements in the transportation sector. It will also adversely affect other states that have adopted these standards as well, such as California, New York, and several others (all listed here). So, join us in taking action today!