Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle Pollution Control Standards; Notice of Decision Granting a Waiver of Clean Air Act Preemption for California's 2009 and Subsequent Model Year Greenhouse Gas Emission Standards for New Motor Vehicles".
- Sponsor
- Rep. Hageman, Harriet M. [R-WY-At Large]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jul 18, 2026
Bottom line
This resolution seeks to overturn a 2009 EPA waiver that permitted California to set its own stricter greenhouse gas emission standards for motor vehicles, potentially restoring federal preemption over such standards nationwide.
What it actually does
This joint resolution uses the Congressional Review Act (CRA) to disapprove a specific rule issued by the Environmental Protection Agency (EPA) on July 8, 2009. The disapproved rule granted California a waiver of Clean Air Act preemption, allowing the state to enforce its own greenhouse gas emission standards for new motor vehicles from model year 2009 onwards. If enacted, this resolution would nullify the EPA's 2009 waiver decision, preventing California and other states that adopt its standards from implementing their distinct vehicle emission standards.
Proponents argue
Proponents argue that the EPA's 2009 waiver granted California undue authority, leading to a fragmented national market for automobiles and imposing higher costs on manufacturers and consumers. They contend that federal standards should apply uniformly across all states to ensure regulatory consistency and reduce compliance burdens, ultimately benefiting the economy and consumer choice by potentially lowering vehicle costs.
Opponents contend
Opponents assert that disapproving this waiver would undermine states' rights to address environmental concerns pertinent to their unique circumstances and populations. They argue that California's waiver has historically driven innovation in cleaner vehicle technologies and that rescinding it would hinder efforts to combat climate change and improve air quality, particularly in states that choose to adopt California's standards.
The bill text is extremely short and can be read in seconds, but understanding its implications requires knowledge of the Clean Air Act, EPA waivers, and the Congressional Review Act.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Environmental Protection Agency relating to...
Disapproval of EPA Waiver for California's GHG Emission Standards
This provision explicitly states that Congress disapproves the Environmental Protection Agency's rule (74 Fed. Reg. 32744, July 8, 2009) which granted California a waiver under the Clean Air Act. This waiver allowed California to set its own greenhouse gas emission standards for new motor vehicles for model years 2009 and beyond, rather than being preempted by federal law. The resolution declares that this EPA rule "shall have no force or effect," effectively revoking California's authority to implement these specific state-level emission standards and potentially restoring federal preemption.
Supporters argue
Supporters of the resolution argue that a single, consistent federal standard for vehicle emissions is more efficient for manufacturers, reducing compliance costs and fostering a unified national market. They contend that the EPA's original waiver created an uneven playing field and that this disapproval would streamline regulations, potentially lowering vehicle costs for consumers and promoting economic growth.
Critics contend
Opponents of the resolution argue that California's waiver has been a crucial mechanism for states to address air pollution and climate change more aggressively than federal standards might allow. They contend that rescinding the waiver would stifle innovation in green vehicle technology, worsen air quality, and undermine states' rights to protect their environments and public health.
Tradeoffs
The resolution highlights the tension between federal regulatory uniformity and state-level autonomy in environmental policy. It balances the potential for streamlined industry compliance and a unified market against the ability of states to pursue more stringent environmental protections and drive technological innovation.