California has for many years received waivers to set stricter emissions standards for vehicles.
WASHINGTON—A Senate vote on Thursday means that both houses of Congress have now passed a resolution that would deny California a federal waiver to set stricter environmental standards for cars, a move that could upend the U.S. auto industry.
The levels of pollutants that cars may legally emit into the atmosphere are set by the Environmental Protection Agency (EPA) under the Clean Air Act, which overrides any state laws on the subject. The EPA may grant waivers to individual states that set stricter standards.
California, a politically progressive state long run by the Democratic Party, has for many years received such waivers to set stricter emissions standards for cars.
Due to its status as the most populous state with the largest vehicle market in the nation, California’s standards have often dictated how automakers develop cars and have been adopted by other states, effectively making California the country’s benchmark for automobile emissions.
Republicans have long criticized these standards, which they claim are too burdensome on automakers and costly to consumers. As a result, Republicans in Congress i
ntroduced a resolution to repeal the Biden administration’s last grant of a waiver to California, which passed the Senate on May 22 and will be presented to President Donald Trump for enactment.
“I have led this fight to protect consumer freedom and save the American auto industry from dangerous environmental regulations,” wrote Rep. John Joyce (R-Pa.), the resolution’s sponsor,
in a statement on his website.
The resolution was passed by the Senate on a roll call vote of
51 yeas to 44 nays. Such resolutions that repeal federal regulations, under the Congressional Review Act (CRA), may be passed by a simple majority and do not require the support of 60 senators to overcome a “filibuster” as is the case with most legislation. Previously, the House passed the measure in a bipartisan vote of
246 yeas to 164 nays.
The resolution’s passage was controversial. Unlike other previous CRA measures, this resolution pertained not to the issuance of a new regulation, but a waiver from an existing regulation. The Government Accountability Office (GAO) had
previously opined that such a waiver was not a “rule” subject to CRA disapproval, meaning that the only way to legislatively repeal a waiver would be a fresh Act of Congress subject to a Senate filibuster.
Democrats cited the GAO report during debates on the resolution to claim that Republicans were usurping powers that the CRA did not grant.
“The Senate Parliamentarian has advised both sides, Democrats and Republicans [that] legislation to overturn these waivers does not qualify for expedited consideration under the Congressional Review Act,” Senate Minority Leader Chuck Schumer (D-N.Y.)
said during a floor debate on the measure.
“To use the CRA in the way that Republicans propose is going nuclear ... they will not like it the next time they are in the minority, that’s for sure.”
Gov. Gavin Newsom (D-Calif.)
said the vote was illegal and said the state would sue if the repeal was enforced.
“Republicans went around their own parliamentarian to defy decades of precedent,” Newsom said. “We won’t stand by as Trump Republicans make America smoggy again.”
Trump is
likely to sign the resolution, according to an April 28 statement from the Office of Management and Budget.
