Youngkin Halts Virginia’s Adherence to Draconian California Emissions Standards

RICHMOND, Va. — Virginia Governor Glenn Youngkin announced Wednesday that the state will cease following California’s car emissions standards, despite Republican efforts to repeal a 2021 law tying Virginia to these regulations having failed. This decision could spark a new legal battle over GOP attempts to undo climate change policies passed by Democrats during their control of the state government.

Youngkin is already facing a lawsuit for withdrawing Virginia from a regional carbon emissions reduction program, arguing it was too costly for residents due to higher electricity bills. Now, he is targeting California’s emissions rules, which mandate a shift to electric vehicles to combat climate change and reduce pollution. By 2035, California requires all new car sales to be electric, phasing out gas-powered vehicles.

“Once again, Virginia is declaring independence – this time from a misguided electric vehicle mandate imposed by unelected leaders nearly 3,000 miles away from the Commonwealth,” Youngkin said in a news release. “The idea that government should tell people what kind of car they can or can’t purchase is fundamentally wrong.”

Youngkin announced Virginia will stop adhering to California’s standards by the end of 2024. This move drew immediate criticism from Democrats and environmentalists, who accused Youngkin and Attorney General Jason Miyares of overstepping their authority to nullify a law they dislike.

Senate Majority Leader Scott Surovell, D-Fairfax, stated, “Even Vladimir Putin does not claim to have this much power.” Surovell condemned Youngkin and Miyares’ actions as “reckless, illegal and unconstitutional,” arguing they damage Virginia’s pro-business reputation.

House Speaker Don Scott, D-Portsmouth, criticized Youngkin for his decision in late 2022 to halt discussions on a Ford electric vehicle battery plant due to Chinese involvement. “The demand for electric vehicles is growing each year. If Virginians can’t find electric cars in their local dealerships, they will go out of state to buy their cars,” Scott said.

Youngkin and Miyares explained the decision at a Richmond-area Toyota dealership, emphasizing consumer choice over government mandates. “I am very supportive of Virginians buying electric vehicles,” Youngkin said, “But I want Virginians to make that decision for themselves.”

Asked about the environmental benefits of electric vehicles, Youngkin questioned the overall impact, citing the complexities of battery production and energy generation. “Let’s just be clear, the power comes out of the wall,” he said, referring to the mixed sources of electricity.

Miyares’ legal justification, detailed in a 9-page advisory opinion, states that Virginia law doesn’t mandate the state to follow California’s updated standards after the current ones expire at the end of the year. “EV mandates like California’s are unworkable and out of touch with reality,” Miyares said, adding that the law does not bind Virginia to these regulations.

Under the Federal Clean Air Act, states must either follow California’s rules or federal standards to avoid a patchwork of laws complicating auto manufacturing. California has unique permission to set its own rules due to severe local air pollution.

Starting in 2025, Virginia will follow federal emissions standards, which encourage but do not mandate the transition to electric vehicles as aggressively as California. The EPA estimates these new rules could result in 56% of new car sales being electric by 2032. In contrast, electric vehicles accounted for 9% of new car sales in Virginia last year.

This legal interpretation by Miyares contrasts with an earlier stance from his office, which previously stated that Virginia was bound to the California standards. Miyares emphasized the change in California’s rules and an “in-depth legal analysis” led to the new conclusion.

The Southern Environmental Law Center criticized Youngkin’s move as “illegal, shortsighted and bad public policy,” promising to fight to maintain the standards. Conversely, the Virginia Automobile Dealers Association, which initially supported adopting California’s standards, now backs the move away, citing low consumer demand and infrastructure challenges.

“Our support for the California standards was to drive demand for EVs in Virginia,” said Don Hall, the association’s president. “The reality is that consumer demand for EVs in Virginia and nationally has not yet materialized, compounded by costs, ‘range anxiety,’ and the lack of charging infrastructure. We believe EV goals are achievable, but on a longer timeline.”