October 24, 2020

Volume X, Number 298


October 23, 2020

Subscribe to Latest Legal News and Analysis

October 22, 2020

Subscribe to Latest Legal News and Analysis

October 21, 2020

Subscribe to Latest Legal News and Analysis

California is Going All-In with Zero Emission Vehicles—No Gas Engine Sales Starting in 2035

On September 23, California Governor Gavin Newsom issued Executive Order N-79-20, tasking the California Air Resources Board (“CARB”) with ensuring that all new passenger cars and trucks sold in the state will be Zero Emission Vehicles (“ZEVs”) by 2035. The Order further dictates that all medium- and heavy-duty trucks sold in the state shall be ZEVs by 2045. Prior to the Executive Order, CARB adopted the Advanced Clean Truck Rule that includes sales targets for ZEV heavy-duty trucks.

Additionally, the Order directs a series of deadlines for state and local action to reduce California’s carbon footprint as it relates to transit and fossil fuel consumption:

  • The state’s Department of Conservation shall propose stricter health and safety rules regarding oil extraction by December 31, 2020.

  • State and local agencies are to work with the private sector to create a “Zero-Emissions Vehicle Market Development Strategy” by January 31, 2021. Relevant state agencies will also be required to update the state’s assessment of ZEV infrastructure to reflect these goals.

  • By July 15, 2021, state agencies will also identify near-term actions to support clean transportation development throughout the state, including ZEV projects, as well as develop a strategy and recommendations for closing and remediating oil extraction sites.

  • Additionally, the California Environmental Protection Agency and the California Natural Resources Agency, in consultation with other agencies, must expedite regulatory processes to repurpose and transition upstream and downstream oil production facilities. The agencies must report on progress and provide an action plan by July 15, 2021.

Any regulatory updates implementing the Order will likely invite litigation, and interested parties should be prepared to participate in formal rulemaking proceedings as well as informal stakeholder engagement. 

© 2020 Beveridge & Diamond PC National Law Review, Volume X, Number 273



About this Author

David H. McCray Project & Infrastructure Development Attorney Beveridge & Diamond San Francisco, CA
Of Counsel

David's practice focuses on major project and infrastructure development, including environmental reviews, permitting and approvals from a wide range of federal and state natural resources agencies, and litigation of project decisions and policies.

He counsels clients on regulatory matters and litigation involving the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), climate change, water, wetlands, project mitigation, land use, air, and mobile source air toxics and related health impacts. He also works on cutting-edge technological advances...

Jacob P. Duginski Environmental Attorney Beveridge & Diamond San Francisco, CA

Jake maintains a diverse regulatory and litigation practice providing client-centered, solution-driven advice.

He litigates before California’s trial and appellate courts, advises on regulatory compliance with a focus on California-specific issues, and represents clients in various administrative enforcement settings. His practice philosophy is to provide sound, timely, actionable advice with sensitivity to each individual client’s business needs. 

Clean Air, Climate Change, and CEQA

Clients who operate in California routinely find themselves with California-specific questions – Jake helps clients navigate this difficult sphere of regulatory compliance. This includes Clean Air Act permitting and compliance strategy before California’s various air quality management districts, rulemaking development and advocacy regarding California’s various climate change programs, and California Environmental Quality Act compliance.

Litigation and Administrative Enforcement

The core of Jake's litigation and administrative enforcement practice is disputes with governmental entities, representing and advising clients in the courts of California as well as local administrative agencies. Examples of his work include a successful interlocutory appeal of a crushing pre-judgment trial court order and successful defense of a $5 million administrative enforcement order.

Service Areas & Industries 

  • Air, Climate Change
  • Litigation
  • NEPA and Historic Preservation Reviews
Andrew A. Eberle Environmental Regulatory and Litigation Attorney Beveridge & Diamond Law Firm, Oregon

Andrew is not admitted to practice in California. He is admitted to practice only in Oregon.

Andrew maintains a diverse environmental regulatory and litigation practice, with a focus on product lifecycle, hazardous materials, and land use issues.

Prior to joining B&D, Andrew clerked in the U.S. District Court for the District of New Jersey for the Honorable Jerome B. Simandle, U.S.D.J., and the Honorable Ann Marie Donio, U.S.M.J. Earlier, he worked as a Law Clerk in the Environment &...