In a series of closely watched decisions, the U.S. Senate has voted to revoke the U.S. Environmental Protection Agency’s (US EPA) approval of California’s landmark clean air regulations. The votes, tied to House Joint Resolutions 87, 88, and 89, target the state’s Advanced Clean Trucks, Advanced Clean Cars II, and Heavy-Duty Low NOx Omnibus regulations, respectively. These actions signal a significant federal pushback against California’s aggressive climate policies.
Legal experts, including the Senate Parliamentarian and the Government Accountability Office (GAO), have stated that California’s US EPA waivers are not “rules” under the Congressional Review Act (CRA) and therefore not subject to CRA disapproval. If this interpretation holds in court, the resolutions passed by Congress may be invalidated, allowing California to retain its regulations. However, if the legality of the CRA resolutions is upheld by the courts, the waivers would be revoked and pursuant to the CRA, once a rule is overturned, a substantially similar rule cannot be reissued unless authorized by a new act of Congress. This would make reintroducing the same regulations very difficult without legislative changes at the federal level.
Governor Gavin Newsom, joined by Attorney General Rob Bonta, California Air Resources Board (CARB) Chair Liane Randolph, and other state leaders, held a press conference yesterday in response. Governor Newsom condemned the Senate’s actions as a setback for environmental progress and a boon for foreign competitors, particularly China. He emphasized California’s pivotal role in driving clean technology innovation and reaffirmed the state’s commitment to advancing its climate agenda, including the development of Advanced Clean Cars III.
Attorney General Bonta announced that California is prepared to file a lawsuit to defend its right to set its own environmental standards under the Clean Air Act. He criticized the Senate’s move as an “unprecedented and unlawful” use of the CRA. CARB Chair Randolph and CalEPA Secretary Yana Garcia echoed the urgency of maintaining California’s standards, citing their proven success and critical role in protecting public health—especially in the state’s most polluted regions. Secretary Garcia further pointed to recent partnerships with manufacturers “… who have voluntarily agreed to comply with California’s approach to cleaning [the] air …” and declared that the state will continue to lead in this moment with “… science, integrity and urgency.”
Today, Governor Newsom also announced that California has also joined forces with 10 other states to launch the Affordable Clean Cars Coalition, led by the U.S. Climate Alliance. This bipartisan coalition aims to preserve states’ rights to set clean air standards, support U.S. auto manufacturers and workers, and accelerate the transition to affordable clean vehicles. Participating states include Colorado, Delaware, Massachusetts, Maryland, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
As California prepares for a legal showdown, the outcome could reshape the future of state-led environmental policy and the nation’s clean transportation landscape. Stay tuned for updates as this high-stakes battle unfolds.