The House of Representatives approved three Congressional Review Act (CRA) resolutions to overturn Biden-era rules granting Clean Air Act waivers to California. The resolutions, introduced by Reps. John Joyce (R-PA), John James (R-MI), and Jay Obernolte (R-CA), would overturn the Environmental Protection Agency’s approval of the Clean Air Act waiver for California’s Advanced Clean Cars (ACC II) rule, along with approved federal waivers for the State’s clean trucks and heavy-duty NOx rules. 10 Democrats supported the Congressional Resolution to stop California from dictating which cars motorists should drive and 13 democrats voted to block California’s electric truck mandate.
The CRA resolutions were strongly supported by the Energy Marketers of America. Under the CRA, Congress is empowered to review “rules” issued by federal agencies, including EPA, before the rules take effect. Congress may review a rule for a period of 60 days and then disapprove it using special procedures, including a joint resolution of disapproval. The EPA transmitted the three waiver approvals to Congress earlier this year, starting the clock for review of the waivers by lawmakers.
Now the House approved resolutions head to the Senate where chances of success are likely, however, there does remain a few outstanding procedural questions. That’s because Senate parliamentarian Elizabeth MacDonough, who acts as the Senate’s independent referee, disagrees that the CRA can be used to overturn California’s emissions standard rules. Her ruling followed a Government Accountability Office opinion issued last month saying that California’s waivers aren’t federal rules subject to CRA. GOP Senators Susan Collins, Lisa Murkowski, John Curtis and John Cornyn remain undecided. The GOP needs 51 votes to approve the CRA so they can only lose two votes.
California’s ACC II rule includes a mandate for vehicle manufacturers to sell increasing percentages of zero-emission vehicles in the State, beginning in model year 2026, and culminating in a ban on internal combustion engine-powered vehicles in 2035. To date, 17 states have adopted portions of California’s light- and heavy-duty vehicle regulations. By design, California’s ACC II rules operate to reduce the liquid fuels market by giving preferential treatment to electric vehicles, thereby injuring energy marketers and others who participate in the market. EPA’s waivers not only increase vehicle costs but also increase the costs of goods and the cost of living for American families.
EMA calls on energy marketers to contact their Senators, urging them to support the CRA resolutions of disapproval for the California waivers and restoring vehicle choice for all Americans.