The federal government has revoked California's ability to regulate vehicle emissions. The regulatory framework California relied on for fifty years has been dismantled.
I am going to argue that California should respond by removing barriers to cheap solar and battery technology. I recognize the irony. The federal government strips California's regulatory authority and my response is to call for California to reduce some of its own regulations.
This is not a contradiction. The vehicle emission waivers protected public health. They addressed a real problem using the best available solution. The federal government destroyed them because they succeeded at threatening fossil fuel interests.
The battery safety regulations I want modernized were designed for older, more dangerous battery chemistries. They now function primarily to protect incumbent industries from competition. Updating them to reflect current technology is not deregulation for its own sake. It is making regulations serve their stated purpose.
What Happened
In June 2025, Congress used the Congressional Review Act to revoke three EPA waivers for California's Advanced Clean Cars II, Advanced Clean Trucks, and Omnibus Low NOX regulations. Both the GAO and Senate Parliamentarian said the CRA could not legally be used this way. Congress did it anyway.
The CRA contains a poison pill. Once Congress nullifies a rule, the agency cannot issue any "substantially similar" rule without explicit congressional authorization. This may permanently block California's regulatory pathway.
The Trap
California must submit State Implementation Plans showing how it will meet federal air quality standards. These plans relied on vehicle emission reductions from the now-revoked regulations.
Without EPA waivers, California cannot enforce its vehicle standards. Federal law preempts state regulations unless a waiver is granted. If California cannot enforce, the reductions cannot be included in the SIP. If the SIP fails, federal sanctions apply: loss of highway funding and restrictions on industrial permits.
CARB has acknowledged this risk explicitly.
The Endpoint
Meanwhile, on January 3, 2026, the United States invaded Venezuela to seize oil fields. President Trump announced American companies would operate Venezuelan reserves with military backing.
This is where fossil fuel dependence leads when you block the alternatives.
The Alternative
The technology exists to bypass the regulatory system entirely. Not through mandates. Through economics.
Solar panels cost seven to nine cents per watt globally. Battery storage has dropped to $70/kWh for utility-scale systems. Combined solar and storage now costs around $76/MWh, cheaper than new gas plants.
Sodium-ion batteries are scaling. CATL and BYD are mass producing them. They work in extreme temperatures. Sodium is abundant.
I should be honest about uncertainty. Cost claims vary. Some safety claims are oversimplified. Sodium-ion can experience thermal runaway, though it appears safer than older lithium chemistries. The technology is newer and less tested at scale.
But the fundamental proposition holds. Home battery systems costing Americans $6,000-$18,000 could cost far less at global prices.
Why Americans Pay More
Tariffs on Chinese batteries exceed 82% and may reach over 100%. This is not about protecting domestic manufacturing. American production cannot scale fast enough. It is about protecting fossil fuel demand.
Fossil fuels receive an estimated $760 billion annually in subsidies, tax breaks, and unpriced externalities. The market is rigged.
What California Can Do
California cannot bypass federal tariffs. The Constitution gives exclusive authority over import duties to the federal government.
California can modernize state safety regulations to reflect current technology rather than treating all batteries like the dangerous cobalt-based cells of a decade ago.
California can use state purchasing power to bulk-purchase and distribute solar and batteries. The tariffs still apply, but scale reduces other costs.
California can subsidize the tariff differential to bring prices closer to global levels.
California can support public utilities like SMUD and LADWP that integrate distributed solar rather than fight it.
California can reform private utility incentives. SDG&E extracted $891 million in profit in 2024 with a guaranteed 10.65% return on infrastructure spending. Rooftop solar threatens this model. Change the rules.
The Choice
The regulatory pathway is blocked. Waiting for Washington is not a strategy.
Continue the current path: inflated prices, utility profits, fossil fuel dependence, oil wars.
Or flood the market with technology that works despite the costs. Use state resources to bridge the gap. Achieve energy independence household by household.
I may be wrong about some of this. But I would rather be wrong for doing something than wrong for doing nothing.
The game has changed. Play a different game.
Key Sources
- California Air Resources Board. "Federal actions impede California's clean air efforts."
- NPR. "Trump says U.S. will 'run' Venezuela." January 3, 2026.
- Congressional Research Service. "The Congressional Review Act: Frequently Asked Questions."
- MIT Technology Review. "Tariffs are bad news for batteries." April 2025.
- San Diego Union-Tribune. "SDG&E reports $891M profit in 2024." February 2025.
- Ember. "How cheap is battery storage?" December 2025.