Gavin Newsom’s ‘EV mandate’ is threatened by the US Supreme Court

In September 2020, California Governor Gavin Newsom announced a sweeping measure that divided politicians, car enthusiasts and everyday drivers.

The executive order passed by the Democrat would require all new cars and passenger trucks sold in the state to be zero-emission vehicles by 2035, allowing the California Air Resources Board to draft regulations requiring that change.

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These regulations, called Advanced Clean Cars II, have been adopted by 12 US states, including New York, New Jersey and Washington, DC

Essentially, the state whose gearheads and car enthusiasts pioneered cultural automotive phenomena like hot rods and lowriders is writing stricter rules than those proposed by federal agencies. However, one organization is taking action and taking its case to the highest court in the land.

Attendees gather at the NASCAR booth during a discussion with NASCAR Technical Institute graduates during the Specialty Equipment Market Association (SEMA) trade show at the Las Vegas Convention Center

David Becker/Getty Images

SEMA fights back

On August 7, the Specialty Equipment Market Association & Performance Racing, Inc. (better known as SEMA) filed an amicus brief with the United States Supreme Court.

The brief was filed in connection with Diamond Alternative Energy, LLC v. Environmental Protection Agency (EPA), which seeks to review the legality of the EPA’s decision to allow the State of California to “restrict the sale of internal combustion engines. vehicles (ICE)”.

The association, which represents more than 7,000 members in the “specialty equipment” aftermarket auto parts industry, wants the court to review the case. They believe the “non-technology neutral” state’s decision to limit sales of gas-powered vehicles will have negative effects on an industry that relies heavily on such vehicles.

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SEMA says California’s mandate “will kill, rather than foster, an innovation that can help produce cleaner and safer automobiles.” In addition, they note that the mandate will have a ripple effect in industries centered around the aftermarket auto parts industry, including motorsports and classic car restoration, which SEMA claims “make immeasurable contributions to the nation culturally and innovative”.

“California has already declared the winner of the race, and by extension, is starting to shut out the innovations and unique contributions to cleaner vehicles and parts that the aftermarket has been offering for years,” SEMA argues.

“The question presented is important not only to the specialty equipment aftermarket, but also to consumers and the general public seeking these inventive products, and accordingly, the Court should grant the petition to resolve it.”

SEMA’s political movements

SEMA’s US Supreme Court amicus brief is only the tip of the iceberg when it comes to its political affiliations.

The association that represents the auto parts industry has been hard at work spending its dollars in the political sphere to drive home the narrative of the impact of the Biden-Harris Administration’s so-called “EV mandate” not just on their industry, but on the gears everyday and car enthusiasts “entitled” to enjoy the cars they like.

SEMA is behind a recently formed organization called Driving Force Action; a tax-exempt Super PAC seeking to bulldoze anti-ICE legislation disguised as a “grassroots organization” that “fights to defend our freedom to drive by educating voters across the country about what President Biden’s car ban will mean for consumers on gasoline”.

According to data from OpenSecrets, a website that tracks political spending, SEMA has contributed $148,333 to DFA in the current election cycle and is the sole donor behind the PAC. So far, they’ve spent $44,000 on ads criticizing the current administration.

The PAC is visibly very active on social media channels such as Instagram and TikTok, where they produce digestible short videos and memes about the so-called “petrol car ban”, which in reality is a tightening of emissions restrictions.

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“(The Biden-Harris administration) isn’t asking for a total ban, of course, but they’re asking for emissions so tight that the end result is still the same,” said car builder Jordan Taylor, aka Shipbox Garage, in a video co-produced by Driving Force Action.

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However, the special interest group has already declared victory.

In June 2024, Governor Glenn Youngkin stated that Virginia would withdraw from emissions standards set by the California Air Resources Board (CARB), insisting that the choice was a matter of freedom for its residents, declaring the community’s “independence”. from annoying emissions officials outside Virginia’s borders.

The community previously adopted the California standards under Democrat Ralph Northam after the state House of Delegates and Senate approved the measure in 2021.

“The idea that the government should be telling people what kind of car they can or can’t buy is fundamentally wrong,” Youngkin said.

“Virginians deserve the freedom to choose which vehicles best suit the needs of their families and businesses. The law is clear, and I am proud to announce that Virginians will no longer be forced to live under this no-contact policy.”

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