Senate Republicans Overturn Key Biden-Era Emissions Waivers for California
The Republican-led Senate has voted to overturn several crucial Biden-era waivers that allowed California to set its own vehicle emissions standards, dealing a significant blow to the state’s efforts to regulate pollution from cars and trucks. This move could have far-reaching environmental implications for the rest of the country.
The Senate voted 51-44 to overturn the car emissions waiver, with Democratic Sen. Elissa Slotkin of Michigan joining Republicans. A separate 51-45 vote overturned the truck emissions waiver, and a third emissions waiver was overturned 49-46. Republicans utilized the Congressional Review Act (CRA), which allows Congress to nullify agency rules without needing a 60-vote threshold to overcome a filibuster.
The decision has sparked intense criticism from Democrats, who accuse Republicans of weakening the legislative filibuster despite GOP promises not to. Senate Democratic Leader Chuck Schumer warned that this move sets a dangerous precedent, potentially allowing Congress to overturn other agency decisions in the future.
California Democratic Gov. Gavin Newsom and state Attorney General Rob Bonta have announced plans to file a lawsuit in response to the Senate vote, calling it “unlawful” and “unconstitutional.” Newsom vowed to “fight this unconstitutional attack on California in court.”
The controversy centers on waivers that have allowed California to set its own emissions standards since 1966, a authority that was revoked by President Donald Trump in 2019 but reinstated by President Joe Biden in 2022. The most recent waiver, finalized in 2024, effectively greenlit California’s plan to phase out sales of new gas-powered vehicles by 2035.
California’s vehicle regulations have significant implications for the auto industry, as nearly 20 other states and the District of Columbia have adopted them. Emissions from vehicles are among the largest sources of planet-warming pollution in the US, making California’s efforts crucial to national climate policy.
Republicans argue that California’s plan will harm the US economy and restrict consumer choice. Senate Majority Whip John Barrasso called California’s efforts a “fantasyland” that will hurt ranchers and farmers in his home state of Wyoming. “EVs currently make up 7% of the US market. Even in California, they account for only 20% of vehicle sales. And sales are stalling,” Barrasso said.
Democrats counter that the Californian regulations were created as “waivers” under the Clean Air Act, meaning they are not considered “rules” that can be overturned through the CRA. The Government Accountability Office (GAO) agreed with this interpretation, but Senate Republicans disagree, arguing that the GAO does not have the authority to make this determination.
The debate has raised concerns about the potential precedent this sets for future Congressional actions. Sen. Martin Heinrich of New Mexico warned that if Senate Republicans force a vote on the California Clean Air Act Waivers, they set a precedent that could allow Congress to overturn nearly any agency decision nationwide, potentially “destroying our permitting and regulatory system” and leading to “higher energy costs for Americans.”
