3.B: California

The federal Clean Air Act (CAA) of 1970 granted California autonomy to set the state’s own fuel quality standards. Unlike other states, California already had a relatively sophisticated emissions control infrastructure in place prior to enactment of the CAA. The CAA has allowed the state to continue to set separate standards, but this authority does require that the federal EPA approve any updates to California’s standards via a waiver. The Trump administration in September 2019 threatened to abrogate California’s authority (likely by withholding these waivers). Such a move would almost certainly trigger fierce, lengthy litigation between the state and the federal government.

The CARB plays a role analogous to that of the EPA in setting standards that protect air and water q