The fate of California's emissions standards is now in the Senate's hands

San Francisco Chronicle​

22-05-2025

WASHINGTON — Congress might plow ahead with its push to repeal California's nation-leading vehicle emissions standards, even as the legality of the effort remains unclear.
The House passed resolutions this week to rescind federal waivers that allow California to set stricter vehicle emissions standards than the rest of the country, including requiring the sale of most gas-powered vehicles be phased out by 2035 as well as mandating reductions in nitrogen oxide and other emissions for trucks.
The Senate is now considering whether to take up the legislation.
California is the only state that can seek permission from the Environmental Protection Agency to establish emissions policies stricter than federal law, which means it often has the nation's most aggressive environmental policies. Other states can only pass similar policies once the federal government has approved California's, and automakers often build their vehicles to California's standards.
Congress is attempting to use a tool called the Congressional Review Act, which allows lawmakers to rescind federal agency actions with a majority vote — a much faster path than the administrative process, which can take a year or longer.
But Senate Parliamentarian Elizabeth MacDonough — an unelected, nonpartisan rules arbiter — determined April 4 that California's waivers weren't subject to the CRA. The Government Accountability Office, an independent agency that audits Congress, made a similar determination on the basis that the waivers are individual administration actions, not agency rules.
Senate Majority Leader John Thune, R-South Dakota, said Republicans are 'exploring our options' about how they could vote to roll back the waivers. 'Because it's somewhat unprecedented, I think we're looking at all the implications around it to see what options are available,' he told Politico Monday.
'The Congressional Review Act was designed to provide a mechanism for congressional oversight of new rules by federal agencies — not for partisan attacks on duly-adopted state laws. Not only would the misuse of the CRA undermine the integrity of our democratic process, but it would also be unlawful,' Attorney General Rob Bonta said in a statement. 'We urge the U.S. Senate to abide by the determinations of the GAO and Senate Parliamentarian that these CRA resolutions should not proceed.'
Gov. Gavin Newsom said House Republicans are determined to 'make California smoggy again.'
Project 2025, the far-right blueprint for a second Trump presidency that was co-written by Russell Vought, who is now President Donald Trump's director of the Office of Management and Budget, called for revoking the waivers.
House Speaker Mike Johnson of Louisiana told the Chronicle Wednesday he hadn't discussed the bills with the Senate.
Rep. Kevin Kiley, R-Rocklin, said he hopes the Senate will take up the resolutions. 'It's an important issue and, clearly, it's a national policy,' he said. 'That's exactly what the CRA was designed for.'
Senate Majority Whip John Barrasso of Wyoming and Senate Environment Committee Chair Shelley Moore Capito of West Virginia each told Axios Thursday that they expect the Senate to take up the House-passed bills.
'We're trying to figure out the best strategy there,' Capito, who introduced the Senate companion resolutions and is also a member of Republican leadership, told Axios. Capito expects the Senate to take them up before June 1.
Congress can rescind recently published federal regulations using the Congressional Review Act, but only has a short window to do so. The window to rescind the rules will likely close in early June.
Capito and Sen. John Cornyn of Texas each characterized the possibility of ignoring the parliamentarian's ruling as an exception.
Republicans are already planning an end-run around MacDonough, however, to extend President Donald Trump's 2017 tax credits without the $4.6 trillion cost and securing 60 votes to pass it.
Four Senate Republicans — including Susan Collins of Maine, Cornyn, John Curtis of Utah and Lisa Murkowski of Alaska — reportedly raised concerns about sidestepping MacDonough in the financial tally to extend those tax credits. Cornyn told reporters that the Senate wouldn't overrule the parliamentarian with regard to the tax credit package and that Republicans wouldn't have the votes to do so.
The Senate has overruled the parliamentarian only on rare occasions, including to remove the filibuster on presidential nominations in 2013 and Supreme Court nominations in 2017, or when Vice President Nelson Rockefeller overruled the parliamentarian in 1975.
Thune could also fire MacDonough, as Republicans did in 2001 when then-Parliamentarian Robert Dove ruled against them in a way that made it difficult to pass President George W. Bush's tax cuts.
California's waivers aren't opposed on a strictly partisan basis, however. Several House Democrats, including two Californians, crossed the aisle to support revoking the waivers.
Thirty-five Democrats, including Reps. Lou Correa of Santa Ana (Orange County) and George Whitesides of Santa Clarita (Los Angeles County), supported revoking the waiver that allows California to ban the sale of new gas vehicles by 2035. A spokesperson for Whitesides declined to comment.
'As a lawmaker, my primary job is to listen to my neighbors and respect their choices to do what is best for their families and their circumstances. That means protecting consumers' rights to drive whatever vehicle makes sense for them and their pocketbooks,' Correa said in a statement to the Chronicle.
About a dozen Democrats, none of whom represent California, supported revoking the other two waivers regulating truck emissions standards.
Rescinding the waivers was a serious concern to Rep. Mark DeSaulnier, D-Antioch, who told the Chronicle in December that he was worried the incoming administration would attempt to revoke them. 'There is a financial interest in keeping California at the forefront of new energy. And because of the way the Clean Air Act is written, no other state can do that without us showing leadership,' he said.