Today, the US Senate approved a measure that revokes California’s ability to implement tailpipe emissions standards that exceed federal regulations.
Critics have described the action as an illegitimate maneuver by Republican lawmakers that contravenes established Senate procedures.
Despite the backlash, Senate Republicans proceeded with the vote to eliminate waivers, which had allowed California to advance its climate initiatives aimed at improving air quality through the reduction of vehicle emissions.
Critics have described the action as an illegitimate maneuver
Senator Sheldon Whitehouse (D-RI) criticized the decision, stating on the Senate floor, “This is the easy way to do what the fossil fuel industry wants. They had this quick and dirty, sneaky maneuver that they could pull off so they didn’t have to negotiate, they didn’t have to legislate, and they didn’t have to use regulatory process.”
Since the adoption of the Clean Air Act in 1970, the Environmental Protection Agency (EPA) has granted California waivers to establish its own vehicle emissions standards, which often shape national practices due to California’s significant car market. Currently, seventeen states and Washington, DC have either fully adopted or partially implemented California’s vehicle emission rules.
The EPA had previously approved California’s initiatives requiring that an increasing number of medium and heavy-duty vehicles sold in the state be zero-emission, and mandated that all passenger vehicles sold in California be zero-emission by 2035. The resolutions approved today aim to dismantle one of the nation’s most ambitious climate action plans by rescinding these waivers. A third resolution also nullifies the waiver for limiting nitrogen oxide pollution from vehicles. Similar measures were previously passed by House Republicans.
Senator Shelley Capito (R-WV) remarked during the floor debate, “California has used its waiver authority to push its extreme climate policies on the rest of the country.”
Environmental advocates view the Republican initiative as an infringement on state rights. “If other states don’t agree with California’s strategy, they have the option to not follow it. Federal lawmakers, however, should not obstruct states from pursuing cleaner air and healthier environments,” stated Manish Bapna, president of the Natural Resources Defense Council.
Both chambers of Congress relied on the Congressional Review Act (CRA) to nullify the waivers. This legislative tool permits Congress to overturn specific new regulations with a simple majority, bypassing potential filibusters. However, evaluations by the Senate parliamentarian and the Government Accountability Office—independent agencies—have established that the waivers do not qualify as recent rules eligible for CRA rescission.
Today’s vote sends the resolutions to President Donald Trump for approval. Trump previously attempted to revoke California’s authority to establish its own tailpipe standards during his first presidential term.
Auto industry groups have opposed California’s emission goals regarding electric vehicles (EVs). Neil Bradley, executive vice president of the US Chamber of Commerce, articulated in a letter to senators last week that disapproving these rules is vital for maintaining a cohesive national vehicle market that supports fuel economy advancements while also protecting economic growth and consumer interests.
