Alabama 1 of 26 States Challenging California’s Electric Vehicle Mandate in Ninth Circuit Court
“California and Gavin Newsom do not get to decide what cars and trucks Alabamians drive”—AG Steve Marshall
26 Republican-led States have filed two briefs in the Ninth Circuit Court of Appeals arguing that California’s aggressive electric vehicle (EV) mandates—particularly for cars and trucks—are illegal and overstep federal authority.
The States are asking the Court to strike down a waiver granted by the Environmental Protection Agency (EPA) under the Biden Administration. This waiver allows California to enforce its net-zero emission goals by limiting sales of gasoline-powered cars and trucks. The coalition States claim such a move interferes with national commerce and overreaches California’s legal powers.
In joining the other 25 States, Alabama Attorney General Steve Marshall said, “California and Gavin Newsom do not get to decide what cars and trucks Alabamians drive. This radical mandate is nothing more than an attempt to force the entire country into California’s failed green agenda, destroying jobs, driving up costs, and stripping away choice.” He added, “Alabama will never bow to California elites or let Gavin Newsom regulate our economy from Sacramento. If Newsom spent half as much time fixing his broken state as he does bullying others and chasing headlines on podcasts, California might not have so many families and businesses fleeing it every single day.”
The briefs point to the authority of Congress—and even President Trump—to limit or revoke emissions waivers granted by the EPA. The coalition describes California’s rule as an overreach that imposes immense costs on businesses and families.
States joining in the filing include: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
In May, a 17-State coalition which included Alabama claimed a victory after securing a rollback of California’s “Advanced Clean Fleets” mandate. That rule would have forced trucking companies nationwide to adopt electric vehicles—even if they only occasionally operated in California. California agreed to repeal and not enforce the rule following the suit.