Republicans may buck parliamentarian on Clean Air Act waivers

By Kelsey Brugger, Timothy Cama | 04/07/2025 06:44 AM EDT

The Senate parliamentarian ruled Friday that lawmakers could not use the Congressional Review Act to undo EPA’s California waivers.

Shelley Moore Capito walks at the U.S. Capitol.

Senate Environment and Public Works Chair Shelley Moore Capito (R-W.Va.) at the Capitol. On Friday, Capito said she would continue fighting to undo waivers for California's tough car emissions rules. Francis Chung/POLITICO

Senate Republicans are planning to introduce resolutions of disapproval against the Biden EPA’s waivers for California’s tough vehicle pollution rules even though the parliamentarian ruled against them.

Parliamentarian Elizabeth MacDonough determined that three Clean Air Act waivers the Biden administration gave California are not rules and cannot be undone through the Congressional Review Act vote, Democrats said.

The conclusion aligns with what Democratic lawmakers; environmental groups; and Congress’ own watchdog, the Government Accountability Office, have said.

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But Senate Republicans, under pressure from companies and outside groups, suggested they may not follow the parliamentarian’s decision.

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