A major setback to California’s efforts to control vehicle emissions, which could have far-reaching environmental effects for the rest of the nation, came Wednesday when the Republican-led Senate moved to revoke important Biden-era waivers that allowed the state to set its own vehicle emissions.
Infuriating Democrats who warned Republicans that, despite their vows to the contrary, they were undermining the legislative filibuster, they will do so by avoiding the 60-vote threshold normally required to approve said measure.
Defending the filibuster for all time, Republican leaders denied that was their intention.
When California’s plan to phase out the sale of gas-powered cars by 2035 and transition the state to electric vehicles was approved by the Environmental Protection Agency at the end of former President Joe Biden’s term, Republicans were incensed.
Republicans claim that because other states follow California’s emissions regulations, the plan will have a negative effect on the US economy and the rest of the nation.
They responded by preparing to take action under the Congressional Review Act, which gives Congress the power to revoke agency rules without holding a filibuster for 60 votes.
Republicans in the Senate have been debating whether to move forward with the measure behind closed doors for weeks, despite the House Government Accountability Office’s conclusion that the California emissions waiver could not be revoked using the CRA. Senate Republicans don’t think the GAO can make that decision.
The GAO’s opinion was respected by the Senate parliamentarian, who is the impartial arbiter of Senate procedure. In spite of this, a number of votes were taken by the Senate to put it on track to pass these CRAs in the days ahead.
California has long established emission standards that are distinct from those set by the federal government. Although California has had the power to do so for decades under federal law, the waiver has recently turned into a political football. In 2019, during his first term, President Donald Trump revoked that authority; however, in 2022, Biden restored it.
In 2024, as part of the Biden administration’s final major climate action, the EPA finalised California’s waiver, thereby approving the state’s plan to phase out new petrol vehicle sales by 2035, the first such regulation in the United States.
Since nearly 20 other states and the District of Columbia have adopted California’s vehicle regulations, the auto industry finds them to be very important.
Additionally, they have a significant influence on climate policy, as vehicle emissions rank among the main causes of global warming pollution in the United States.
The efforts of California, according to Senate Majority Whip John Barrasso, are a “fantasyland” that will harm farmers and ranchers in Wyoming, where he is from.
“California’s EV mandates ban the sale of gas-powered cars and trucks. They threaten the freedom of every American to choose what they drive,” he stated. “EVs currently make up 7 percent of the U.S. market. Even in California, they account for only 20 percent of vehicle sales. And sales are stalling. Yet California’s radical mandates require 35 percent of all vehicle sales to be electric by 2026 – 6 months from now. By 2035, it jumps to 100 percent.”
Senate Democrats contend that rejecting the lawmaker’s advice creates a risky precedent, and they are especially worried that the GOP might repeat the action since she establishes some limits on what can be included in the massive tax, spending, and immigration reconciliation bill currently pending in Congress.
It’s going nuclear, that’s for sure. It is overriding the lawmaker. Furthermore, Senate Democratic Leader Chuck Schumer told reporters on Tuesday that “what goes around comes around.”
Schumer was alluding to the so-called “nuclear option,” which is when the majority party amends Senate rules by a party line vote rather than the usual 67-vote supermajority.
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Democrats maintain that the California regulations are not “rules” that can be overturned through the CRA because they were established as “waivers” under the Clean Air Act.
When that chamber recently passed these CRAs with bipartisan support, the GAO, which provided input on the matter, concurred.
Senate Republicans, on the other hand, maintain that they are not opposing the lawmaker and have called Democrats’ concern about weakening the filibuster hypocritical, given that the party has opposed the filibuster’s function in recent years.
In a statement prior to Wednesday’s vote, New Mexico Senator Martin Heinrich, the leading Democrat on the Senate Energy and Natural Resources Committee, echoed Schumer’s worries.
“If Senate Republicans force a vote on the California Clean Air Act Waivers, they set a precedent that will allow Congress to overturn nearly any agency decision nationwide,” he cautioned. “I urge my colleagues to reject this gross overreach.”
“By opening this door, Republicans threaten to destroy our permitting and regulatory system, leading to higher energy costs for Americans and making it impossible for new developments to come online. Indeed, nearly every major and minor project the federal government touches could be stalled, creating significant uncertainty if not complete chaos. That is not what the American people want, and it cannot be what Senate Republicans want, either,” Heinrich added.
