For many years, the state of California has set vehicle emissions standards that are separate from the EPA. These more stringent rules set the de facto standards for the entire nation. Manufacturers don’t want to build separate cars for the state of California. Therefore, they comply with California’s more stringent standards in all 50 states. A series of California emissions waivers facilitates this process. These waivers allow California to bypass federal preemption. Now, several Senate republicans are targeting these waivers by introducing Congressional Review Act resolutions to revoke them. The Senators state in a press release:
“U.S. Senators Cynthia Lummis (R-WY), Eric Schmitt (R-MO), Pete Ricketts (R-NE), and Jon Husted (R-OH) today introduced four joint resolutions under the Congressional Review Act (CRA), each disapproving a separate Environmental Protection Agency waiver that has allowed the California Air Resources Board (CARB) to impose its regulatory agenda far beyond California’s borders.
Together, the four resolutions target CARB’s small off-road engine (SORE) mandate, the Advanced Clean Cars I program, the 2013 Advanced Clean Car Program waiver, and the 2009 waiver that first allowed California to regulate vehicle greenhouse gas emissions.”
The President signed CRA resolutions like those sought by this group of Senate Republicans last year to revoke other California emissions waivers. Last year saw CRA resolutions targeting Advanced Clean Cars II, the Low NOX Regulation, and various zero emissions mandates. This most recent round targets the small off-road engine mandate, Advanced Clean Cars I, the 2013 Advanced Clean Car Program, and the 2009 vehicle emissions waivers. The 2025 waiver revocations are currently tied up in a court challenge. If these CRA resolutions are signed, they will likely be subject to similar litigation.
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