Senate GOP pushes ahead on challenge to California EV rules despite roadblock

California’s electric vehicle mandate cannot be overturned through a Congressional Review Act resolution, the Senate parliamentarian ruled, but Senate Republicans plan to press forward with a challenge anyway.

Rachel Frazin reports for The Hill.

In short:

• The Senate parliamentarian determined that California’s EV mandate, approved through a Clean Air Act waiver, falls outside the Congressional Review Act’s scope.
• Despite this, Senate Republicans introduced a CRA resolution aimed at the waiver, arguing that it still qualifies as a rule.
• Sen. Shelley Moore Capito, who leads the Environment and Public Works Committee, said Republicans are exploring all avenues to block the mandate.

Key quote:

“We’re gratified that the Senate parliamentarian followed decades of precedent showing that California’s Clean Air Act waivers are not subject to the Congressional Review Act.”

— Sen. Sheldon Whitehouse (D-R.I.)

Why this matters:

At the core of a growing legal and political battle is California’s long-standing authority, under the Clean Air Act, to set its own vehicle emissions standards — often stricter than the federal baseline. This power has allowed the state to chart an aggressive course on climate policy, most notably with its plan to phase out the sale of new gas-powered cars by 2035. That rule, approved by the U.S. Environmental Protection Agency, has implications far beyond California’s borders. More than a dozen states typically follow California’s lead on emissions, which means the policy could effectively shape the future of the U.S. auto market. Now, congressional Republicans are attempting to reverse that EPA waiver through the Congressional Review Act. The move is largely symbolic given the legal and procedural hurdles it faces, but it reflects intensifying partisan friction over environmental regulation and electric vehicles.

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