The US House of Representatives has voted to eliminate California’s authority to implement its own stringent pollution regulations for automobiles and heavy-duty trucks.
This action aims to undermine one of the country’s most ambitious climate initiatives, potentially impacting California’s ability to establish more rigorous tailpipe pollution standards compared to federal regulations. However, questions remain about whether Republicans possess a solid legal foundation for such interference with state governance.
Kathy Harris, director of clean vehicles at the Natural Resources Defense Council, criticized the vote, calling it “an unprecedented and reckless attack on states’ legal authority to address the tailpipe pollution causing asthma, lung disease and heart conditions.” She emphasized that states opposed to California’s regulations are not obligated to follow them, urging Congress not to obstruct state efforts to protect residents from hazardous pollution.
“An unprecedented and reckless attack on states’ legal authority”
In December, the Environmental Protection Agency (EPA) granted a waiver permitting California to mandate that all new passenger vehicles sold in the state be zero-emission by 2035. Recent resolutions passed by the House seek to retract this approval, along with other exemptions related to nitrogen oxide pollution and regulations requiring a growing number of medium and heavy-duty vehicles to be zero-emission.
These House resolutions must still pass in the Senate, where a debate will ensue regarding Congress’s authority to revoke such waivers. The Senate parliamentarian and the Government Accountability Office (GAO) have previously indicated that Congress cannot use the Congressional Review Act (CRA) to abolish EPA waivers awarded to California. The CRA allows Congress to negate certain new rules with a simple majority, but whether it applies to these waivers has yet to be clarified.
California’s ability to set its own tailpipe emission standards stems from the Clean Air Act of 1970, due to the state’s elevated pollution levels. Given its significant economic influence—larger than many countries—the vehicle emissions standards set by California have historically shaped the auto industry’s practices and inspired other states. At least eleven states, including New York and Oregon, have enacted similar legislation to encourage electric vehicle sales.
Automakers expressed discontent with the Biden administration’s December endorsement of this ambitious climate goal, anticipating a reversal of the waiver under Donald Trump’s presidency. During his first term, Trump made unsuccessful attempts to revoke California’s autonomy regarding emissions standards.
John Bozzella, president and CEO of the Alliance for Automotive Innovation, which includes major manufacturers like Ford and GM, commented, “Most of the states that follow California are NOT ready for these requirements. Achieving the sales mandates under current market realities will take a miracle,” reflecting the challenges facing the industry.
