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 and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision".
- Sponsor
- Sen. Capito, Shelley Moore [R-WV]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Apr 4, 2025
Bottom line
This resolution aims to block California's authority to set more stringent vehicle emissions standards, thereby impacting the future of electric vehicle mandates and internal combustion engine vehicle availability nationwide.
What it actually does
This joint resolution utilizes the Congressional Review Act (CRA) to nullify a final rule issued by the Environmental Protection Agency (EPA) on January 6, 2025. The EPA rule granted California a waiver of preemption under the Clean Air Act, allowing California to implement its Advanced Clean Cars II regulations, which mandate stricter emissions standards for new motor vehicles, including requirements for increasing sales of zero-emission vehicles. If enacted, this resolution would prevent California from enforcing these specific standards.
Proponents argue
Proponents argue that the EPA's waiver decision oversteps federal authority, effectively allowing one state to impose burdensome regulations on consumers and the auto industry nationwide, limiting consumer choice by pushing for electric vehicles prematurely. They contend that California's standards become a de facto national standard, bypassing congressional intent and harming states that prefer less stringent regulations or a slower transition to EVs.
Opponents contend
Opponents of the resolution (i.e., proponents of the EPA rule and California's standards) argue that California has a long-standing statutory right under the Clean Air Act to set its own, more stringent emissions standards to address its unique and severe air quality challenges. They assert that these standards drive innovation, reduce harmful pollution, and accelerate the transition to cleaner transportation technologies, providing significant public health and environmental benefits. They also argue that blocking the waiver undermines states' rights to address environmental concerns.
The bill text is extremely short and straightforward, requiring minimal time to read. However, understanding its full implications requires significant background knowledge of environmental law, federalism, and automotive policy.
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 "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision" (90 Fed. Reg. 642 (January 6, 2025)), and such rule shall have no force or effect.
Disapproval of EPA's California Advanced Clean Cars II Waiver
This provision states that Congress disapproves of a specific rule issued by the Environmental Protection Agency (EPA) on January 6, 2025. This EPA rule granted California a waiver of federal preemption, allowing California to implement its "Advanced Clean Cars II" program, which includes regulations for increasing the sale of zero-emission vehicles. If this joint resolution is enacted, the EPA's waiver decision would be nullified, meaning California would not be able to enforce its Advanced Clean Cars II standards.
Supporters argue
Proponents of the resolution argue that the EPA's waiver grants California undue influence over national automotive policy, effectively forcing other states and the entire auto industry to conform to California's aggressive electric vehicle mandates. They contend that this undermines consumer choice, increases vehicle costs, and strains the national energy grid, while also bypassing the proper legislative process for setting national standards.
Critics contend
Opponents of the resolution (i.e., proponents of the EPA waiver) argue that California has a unique and long-standing authority under the Clean Air Act to address its severe air pollution problems with stricter standards. They assert that the Advanced Clean Cars II program is crucial for public health and environmental protection, drives technological innovation, and that blocking the waiver would strip California and other states of their ability to pursue cleaner air and climate goals.
Tradeoffs
The provision highlights a tension between states' rights to set stricter environmental standards (specifically California's waiver authority under the Clean Air Act) and concerns about a single state's regulations effectively dictating national policy for a major industry. It also balances environmental protection goals against economic considerations for consumers and manufacturers, and the pace of transition to new vehicle technologies.