On Thursday, the President signed three Congressional Review Act (CRA) resolutions that effectively prevent California from implementing its zero emission mandates for passenger vehicles and commercial trucks and its stricter emission standards for heavy-duty vehicles. Previously, the Government Accountability Office and the Senate Parliamentarian determined that the Biden Administration EPA’s approvals of these mandates were waivers from federal (Clean Air Act) preemption and not rules for CRA purposes, but the House and Senate nevertheless passed all three resolutions. In signing the resolutions into law, President Trump proclaimed that the resolutions “prohibit the EPA from approving future waivers for California that would impose California’s policy goals across the entire country. . . ending the electric vehicle mandate for good.” That same day, the State of California and ten other states filed suit in a federal district court in California, challenging the three CRA resolutions as unconstitutional and contrary to multiple federal statutes.

Tags: California, Congressional Review Act (CRA), Environmental Protection Agency (EPA), Zero Emission Mandates
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Photo of David Chung David Chung

Companies, trade associations, and industry coalitions look to David Chung to develop creative and effective regulatory and policy solutions and, when necessary, to defend their interests in federal courts. David handles litigation, regulatory advocacy, enforcement defense, and compliance matters arising under the Clean

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Companies, trade associations, and industry coalitions look to David Chung to develop creative and effective regulatory and policy solutions and, when necessary, to defend their interests in federal courts. David handles litigation, regulatory advocacy, enforcement defense, and compliance matters arising under the Clean Water Act (CWA); the Clean Air Act (CAA); the Toxic Substances Control Act (TSCA); the Federal Insecticide, Fungicide, and Rodenticide Act; the Endangered Species Act (ESA); the National Environmental Policy Act; and other major federal environmental statutes. When challenges to rulemakings and other agency actions involve the Environmental Protection Agency (EPA), the Army Corps of Engineers, or Department of the Interior bureaus, clients value David’s experience in litigating challenges as petitioner/plaintiff, intervenor, and amicus. Increasingly, companies find themselves on the defensive end of agency and citizen suit enforcement actions and call on David for efficient and discrete resolution.

Advocacy before promulgating agencies and the Office of Information and Regulatory Affairs can be burdensome and nuanced. David has a successful track record in preparing comments and advocating for proposed rules and agency policies. In addition to his core environmental practice, David also advises clients on nonenvironmental litigation arising under the Administrative Procedure Act. He has litigated in federal courts and represented clients in administrative proceedings before the Department of Agriculture, Department of Energy, Consumer Product Safety Commission, and Surface Transportation Board.

David is co-chair of the firm’s Environmental Group, co-chairs the firm’s Lawyer Development Committee and is a member of its Talent Development Committee.

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