How California is Preparing to Take on Trump 2.0
Even before President-elect Donald Trump assumes office, California’s government is already opposing him. They seem to be against everything he represents.
According to a bill introduced in early December, “Lawyers from the Attorney General’s office and the Governor’s office have been preparing for a potential second Trump term for more than a year.”
This legislation would allocate $500,000 for “federal litigation expenses” against the Trump administration, including the creation of a website with “descriptive narratives” on possible legal actions.
A separate bill proposes setting aside $25 million to hire lawyers for lawsuits against the Trump administration, as well as to protect the state “against enforcement and legal actions taken by the federal government.”
The situation could become complicated for California as of noon on January 20.
State authorities have been increasing energy costs and imposing stringent environmental regulations that surpass federal standards.
Typically, this might clash with federal law, but California has a waiver, granted under the 1967 Clean Air Act, to determine its own standards. However, Trump has pledged to abolish this waiver.
California’s “sanctuary” laws could also put it at legal risk, as they provide protections against deportation for criminal illegal immigrants. Trump’s “border czar,” Tom Homan, has stated he will target local officials who obstruct his operations.
Moreover, Trump has criticized California’s voting regulations, which include banning local voter ID laws, distributing millions of mail-in ballots, and permitting a month-long voting period.
He may influence changes for elections involving federal candidates, as the entire House of Representatives is up for election every two years.
California filed almost 120 lawsuits during Trump’s first term, yet Trump increased his voting support in 45 of the state’s 58 counties. Rising gas prices, partially due to California’s strict climate policies, may have contributed to this shift.
The California Air Resources Board recently updated its Low Carbon Fuel Standard regulation, which will cause gasoline prices to rise by 50-65 cents per gallon starting in January.
The financial impact of California’s ban on gas-powered vehicle sales, commencing in 2035, and its zero-emission requirements for medium- and heavy-duty trucks remains undetermined.
Recently, the Biden administration’s Environmental Protection Agency approved waivers allowing the enforcement of California’s eco-friendly vehicle and emissions rules.
Trump could potentially halt these regulations by terminating California’s special authority under the Clean Air Act or revoking the waivers authorized by Biden. Such actions would likely prompt California to initiate legal proceedings, potentially joined by over a dozen other states, including New York, which adopted similar regulations.
The legal environment has shifted since Trump’s first presidency, as the US Supreme Court has ruled that bureaucratic agencies lack the authority to impose regulations that dramatically disrupt significant sectors of the economy without explicit Congressional authorization.
Recently, the Supreme Court agreed to review a case concerning California’s Clean Air Act waiver.
The justices will consider whether the oil industry can challenge it.
“Congress did not grant California special permission to regulate greenhouse gases, mandate electric vehicles, or block the sale of new gas-powered cars,” stated Chet Thompson, president and CEO of the American Fuel & Petrochemical Manufacturers.
Even some states that adopted California’s standards are reconsidering their decisions. Virginia is reverting to less stringent federal regulations after deeming CARB’s Advanced Clean Cars II rule “unworkable and unrealistic.
Legislatures that implemented California’s Advanced Clean Trucks rule are facing pressure from truck drivers and dealers to postpone the implementation.
The rule requires that by January 1, 7% of trucks sold in New Jersey, New York, Massachusetts, Washington, and Oregon must be zero-emission.
In California, efforts are underway to counteract Trump’s “mass deportation” strategy. Schools Chief Tony Thurmond announced a proposal to establish a safe zone around schools, keeping US Immigration and Customs Enforcement agents at least one mile away to protect “attendance and funding.”
In Washington, California’s Senator Alex Padilla is pushing his colleagues to expedite the passage of his Citizenship for Essential Workers Act, which would provide fast-tracked citizenship and immediate permanent legal resident status for over 5 million undocumented individuals.
Padilla served as California’s Secretary of State from 2015 to 2021, where he implemented and staunchly defended the voting and election processes that Trump has vowed to reform.
Who needs foreign conflicts? The clash between California and Trump is shaping up to be a true competition.
Susan Shelley is an editorial writer with the Southern California News Group and serves as VP of Communications for the Howard Jarvis Taxpayers Association. On X: @Susan_Shelley.
