Senate parliamentarian rules against GOP on California waivers

By Timothy Cama, Kelsey Brugger | 04/04/2025 04:14 PM EDT

The parliamentarian said lawmakers can’t undo Biden-era waivers under the Congressional Review Act. Republicans will try anyway.

The door to the office of the Senate Parliamentarian is pictured.

A view of the Senate parliamentarian's office at the Capitol in 2022. Francis Chung/POLITICO

Republicans hoping to stop California’s strict vehicle emissions rules ran into another problem Friday, when the Senate’s referee ruled they can’t use a quick legislative tool.

Senate Parliamentarian Elizabeth MacDonough determined that three Clean Air Act waivers the Biden EPA 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 suggested they may not follow the parliamentarian’s decision. “I will continue to address all options available to strike down these rules and eliminate the consequential impact they would make across our country,” said Environment and Public Works Chair Shelley Moore Capito (R-W.Va.).

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