A joint resolution providing for 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; Advanced Clean Car Program; Reconsideration of a Previous Withdrawal of a Waiver of Preemption; Notice of Decision".
- Sponsor
- Sen. Husted, Jon [R-OH]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Aug 5, 2026
Bottom line
This resolution seeks to block California's ability to set its own stricter vehicle emissions standards, thereby impacting national environmental policy and the automotive industry.
What it actually does
This joint resolution utilizes the Congressional Review Act (CRA) to nullify a specific rule issued by the Environmental Protection Agency (EPA). The EPA rule, published on March 14, 2022, had reconsidered and restored a waiver of preemption for California's Advanced Clean Car Program, thereby allowing California to set its own stricter vehicle emissions standards. By disapproving this EPA rule, the resolution would prevent California from implementing its Advanced Clean Car Program, effectively reinstating federal preemption over vehicle emissions standards nationwide.
Proponents argue
Proponents of this resolution argue that the EPA's restoration of California's waiver oversteps federal authority, creates a burdensome patchwork of regulations for the automotive industry, and ultimately drives up vehicle costs for consumers. They contend that a single national standard is more efficient and that federal emissions regulations are sufficient to address environmental concerns.
Opponents contend
Opponents of this resolution contend that California has a long-standing right under the Clean Air Act to set its own stricter emissions standards, which have historically driven innovation and cleaner air nationwide. They argue that disapproving the waiver undermines states' rights, hinders efforts to combat climate change and improve air quality, and removes a critical tool for reducing harmful pollutants from vehicles.
The bill text is extremely short and straightforward, requiring less than a minute to read. However, understanding its policy implications requires significant background knowledge of environmental law and federalism.
Section 1
Congressional Disapproval of EPA Rule on California's Advanced Clean Car Program Waiver
This provision explicitly states that Congress disapproves the EPA rule published on March 14, 2022, concerning California's Advanced Clean Car Program waiver. By doing so, it declares that the EPA rule 'shall have no force or effect.' The EPA rule had previously restored California's authority to set stricter vehicle emissions standards than federal requirements, a power granted under Section 209 of the Clean Air Act. This resolution, if enacted, would effectively revoke that authority, preventing California from implementing its Advanced Clean Car Program.
Supporters argue
Supporters of the resolution argue that the EPA's waiver decision created an unnecessary and burdensome dual regulatory system, forcing manufacturers to produce different vehicles for different markets. They contend that a single national standard, set by the federal government, promotes efficiency, reduces compliance costs for automakers, and ultimately benefits consumers through lower vehicle prices.
Critics contend
Opponents of the resolution argue that California's waiver under the Clean Air Act is a critical tool for states to address unique environmental challenges, particularly severe air pollution. They assert that California's Advanced Clean Car Program has historically driven technological innovation in cleaner vehicles and that nullifying the waiver would stifle progress on emissions reductions, worsen air quality, and undermine states' rights to protect their citizens' health and environment.
Tradeoffs
The resolution highlights the tension between states' rights to set stricter environmental standards and the desire for a uniform national regulatory framework for industry. It balances environmental protection goals with concerns about economic burdens on manufacturers and potential impacts on consumer costs.