House Republican leaders are joining the legal fight over California’s ability to force the phase-out of gas-powered cars by 2035.
The leaders filed a brief last week in California’s lawsuit against the Trump administration over its work with Congress to strike down three Biden-approved waivers for state pollution rules that critics say amounted to an electric vehicle mandate.
EPA repackaged the Biden waivers as rules earlier this year so lawmakers could overturn them by simple majority using the Congressional Review Act. The law had never been used to target such waivers.
The Republican leaders argued that California’s claims “directly challenge Congress’s rulemaking authority, and a judicial order overriding congressional decisions that are strictly procedural would violate both the CRA itself and separation-of-powers principles.”