Congress Belatedly Disapproves EPA Waivers for California’s Vehicle Emissions Standards? Maybe

As the Biden administration was in its waning days this past January, we blogged about how the U.S. Environmental Protection Agency (EPA) provided a waiver for California’s emission standards for cars and light-duty trucks  - an action that would effectively ban the sale of gasoline-powered cars and light-duty trucks by model year 2035 in states like Pennsylvania that adhere to those rules.

And then in March, we blogged that Congress failed to act within the required 60 days allotted by the Congressional Review Act to disapprove it, which would seem to indicate Congress’ intent to let the waiver stand, thus putting this matter to bed.

Nope. It’s time for another update:

Since the last time we blogged, both the House of Representatives and the Senate have voted under the Congressional Review Act to disapprove the waiver.  

Under the Congressional Review Act, disapproval of a rule by both houses of Congress renders that rule void unless the President vetoes the action (and Congress does not then override his veto).

If you’re asking yourself right now, “Wait…why isn’t Congress’ disapproval barred by the 60-day limit that the Congressional Review Act sets for the Senate and House to disapprove regulations?

Two things:

1. As it turns out, in 2023 the General Accounting Office issued an opinion that a waiver granted under the Clean Air Act for California vehicle emission standards is not a rule subject to review under the Congressional Review Act.  

2. The Biden Administration’s EPA accordingly did not submit the waiver to Congress for review in January 2025. 
   

The new Congress and President Trump’s EPA have rejected the General Accounting Office’s opinion, maintaining that the waiver is indeed a rule and thus subject to Congressional review.  

Just one wrinkle: Because the Trump Administration’s EPA appears to have submitted the waiver to Congress for review as a rule on Feb. 25, the latest Congressional disapprovals would still seem to be outside the 60-day limit set by the Congressional Review Act.

Meanwhile, there are at least three bills pending in Congress to completely do away with the exception in the Clean Air Act for California’s vehicle emission standards.

For now, it is probably safe to assume that the California vehicle emission standards are no longer valid and in effect. 

“However, this mess will ultimately be decided in court,” GASP senior attorney John Baillie said.

 GASP continued to follow this issue closely and will keep you updated on further developments as they occur.