Senate Republicans tossed aside procedural concerns Tuesday, announcing their plan to overturn California’s electric vehicle mandate in a rebuke to the chamber’s rules referee.
The announcement by Senate Majority Leader John Thune (R-S.D.) ended months of speculation and his own past uncertainty about whether the Congressional Review Act can be used against a trio of waivers the Biden administration granted California under the Clean Air Act.
The Government Accountability Office said twice that the EPA waivers are not rules under the CRA. Senate Parliamentarian Elizabeth MacDonough agreed.
But Thune said during floor remarks, “There can be no question these waivers are rules in substance, given their widespread effects.”