House sets showdown over California car rule waivers

By Kelsey Brugger | 04/28/2025 06:50 AM EDT

Senate leaders will soon have to say whether they’ll defy the parliamentarian to repeal Biden-era approvals for the state’s air pollution rules.

Senate Majority Leader John Thune speaks with reporters.

Senate Majority Leader John Thune (R-S.D.) speaks with reporters outside his office at the Capitol. He's facing a decision on whether to act against waivers for California air pollution rules. Francis Chung/POLITICO

Congressional Republicans are not slowing down their crusade to take back Biden-era EPA waivers for a trio of California rules that critics say amount to an electric vehicle mandate.

This week, the House will vote on three Congressional Review Act resolutions to abolish EPA approvals — issued under the last administration — allowing California to set strict car and truck pollution standards. The rules, if enforced, aim to phase out the sale of gas cars in the state and elsewhere in the country by 2035.

The Senate could soon follow suit, even if doing so would defy a recent ruling from parliamentarian Elizabeth MacDonough — a rare move that Republican Senate leaders are seriously considering.

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The CRA allows Congress to kill newly issued rules by simple majority within a certain time frame. But MacDonough and the Government Accountability Office have both said the waivers are not rules for the CRA’s purposes.

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