The Trump administration’s plan to override a late Biden-era waiver approving California’s 2035 ban on gas-powered cars — embraced by 12 states and Washington, D.C. — hit a major roadblock as the Senate’s parliamentarian ruled the act is not subject to standard congressional review.
“In passing the Clean Air Act on an overwhelmingly bipartisan basis, Congress explicitly granted California the ability to set more stringent vehicle emissions standards to protect public health from California’s unique air quality challenges,” said U.S. Sen. Alex Padilla, D-California, in a statement Friday.
Because California’s air regulations — aimed at combating the state’s notorious smog — predated the Environmental Protection Agency, the state was granted the ability to continue creating its own air standards. States thus have the option of submitting to California standards or the less stringent national standard.
However, the EPA, which falls under the president’s authority, must approve waivers for each new California policy. That’s why California Gov. Gavin Newsom visited the capital in the waning days of the Biden administration to secure approval of several waivers — including its ban on emissions-producing cars in 2035 — before the Trump administration took power.
While some automakers have embraced the new regulations, the Specialty Equipment Market Association, an industry group representing the $337 billion automotive aftermarket industry, says the regulations and the parliamentarian’s ruling are nothing short of bureaucratic overreach.
“This is more noise from an unelected bureaucrat to distract and obfuscate from the real issue: Congress alone has the power to act, and to do so on behalf of the people who voted in November to stop national EV mandates pushed by one state,” said SEMA Director of Communications Matt Daigle to The Center Square. “From Democrats, we again see a misleading narrative, in which they fail to tell the American people that this isn’t just about California – it affects 40% of the U.S.”
Trump’s EPA administrator, Lee Zeldin, invoked the Congressional Review Act, which allows Congress to override regulatory actions by executive agencies with a majority vote.
On Thursday, U.S. Rep. Kevin Kiley, R-California, introduced three resolutions to overturn what he called “a de facto ban on the use of gas-powered vehicles, heavy trucks and diesel engines over the next decade.”
Despite the Senate parliamentarian’s ruling, it’s still possible that moves to overturn the waivers in the House could still make their way to the Senate.
The states that have adopted California’s air standards include nearly half the passenger vehicle market, and over one quarter of the heavy-duty vehicle market. With new tariffs on imported vehicles and parts raising high prices even higher — Kelly Blue Book says the typical new car sold for nearly $50,000 in December — the emissions regulations are taking center stage in a nation already reeling from rising costs of living.
