Senate Twists its Own Rules to Attack California’s Clean Vehicle Standards

(WASHINGTON, D.C.) – Today, the U.S. Senate passed resolutions seeking to overturn Environmental Protection Agency waivers allowing California to set clean air standards protecting millions of people from dangerous vehicle pollution. This is the first time Congress has moved to undermine the state’s Clean Air Act authority to do so, and it comes despite clear direction from the Senate parliamentarian that the Congressional Review Act procedure the Senate used was not allowable.

"Republicans twisted the Senate’s own rules, preventing millions of people from breathing cleaner air," said Joanna Slaney, vice president for political and government affairs at Environmental Defense Fund. "This maneuver denies California's right to decide how best to protect the health and safety of its residents. The effort to misuse this procedural tool now is not only unlawful but will invite future disregard of clear boundaries in the Senate."

Sen. Thune allowed these votes to go forward despite an opinion from the Senate parliamentarian that Clean Air Act waivers allowing California to implement protective clean vehicle standards are not subject to the Congressional Review Act. It comes after EPA Administrator Lee Zeldin abused his own authority by summarily reclassifying the California specific preemption waivers as broadly applicable rules to subject them to the expedited and limited review procedures under the Congressional Review Act.

California can and must continue to protect millions of residents exposed to deadly air pollution from the San Joaquin Valley to the Los Angeles Basin. Life-saving solutions have worked for generations to reduce that pollution, save families hard-earned money, create good-paying jobs, and position California as one of the world's most powerful economies. Environmental Defense Fund stands firmly with the state as it continues to ensure healthier, longer, more prosperous lives.