Industry urges Hill Republicans to undo California waiver

By Kelsey Brugger, Timothy Cama | 03/18/2025 01:35 PM EDT

It’s unclear whether lawmakers can use the Congressional Review Act to scrap the waiver. Companies want lawmakers to try anyway.

Sen. Shelley Moore Capito (R-W.Va.).

Senate Environment and Public Works Chair Shelley Moore Capito (R-W.Va.) is leading a push to undo EPA's approval of new California vehicle emission rules. Francis Chung/POLITICO

Industry groups on Tuesday urged congressional leaders to march ahead with their plans to nullify the Biden administration’s approval of California’s stringent clean car rules ahead of a possible showdown with the Senate parliamentarian.

In a letter to House and Senate leaders, the American Petroleum Institute and 100 other trade groups say the “unachievable” California standards — which ban new gasoline- and diesel-fueled car sales by 2035 — should be overturned using the Congressional Review Act.

The law allows lawmakers to kill newly issued rules by simple majority. But the Government Accountability Office said this month the Biden EPA’s approval of California’s emissions limits does not qualify as a rule for CRA purposes. Republicans, in an unprecedented move, are poised to ignore the GAO’s opinion and now industry is cheering them on.

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“These rules not only inhibit consumer choice but pose a threat to our national security through reliance on unstable and adversarial supply chains,” wrote the groups, which also included growers, ethanol producers, petroleum marketers, convenience store and truck stop operators, and motor truck associations.

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