The House of
Representatives approved three Congressional
Review Act (CRA) resolutions to overturn
Biden-era rules granting Clean Air Act waivers
to California. The resolutions, introduced by
Reps. John Joyce (R-PA), John James (R-MI), and
Jay Obernolte (R-CA), would overturn the
Environmental Protection Agency’s approval of
the Clean Air Act waiver for California's
Advanced Clean Cars (ACC II) rule, along with
approved federal waivers for the State's clean
trucks and heavy-duty NOx rules.
10 Democrats
supported the Congressional Resolution to stop
California from dictating which cars motorists
should drive and
13 democrats voted to block
California’s electric truck mandate.
The
CRA resolutions were strongly supported by the
Energy Marketers of America. Under the CRA,
Congress is empowered to review “rules” issued
by federal agencies, including EPA, before the
rules take effect. Congress may review a rule
for a period of 60 days and then disapprove it
using special procedures, including a joint
resolution of disapproval. The EPA transmitted
the three waiver approvals to Congress earlier
this year, starting the clock for review of the
waivers by lawmakers.
Now the House
approved resolutions head to the Senate where
chances of success are likely, however, there does remain a
few outstanding procedural questions. That’s
because Senate parliamentarian Elizabeth
MacDonough, who acts as the Senate’s independent
referee, disagrees that the CRA can be used to
overturn California’s emissions standard rules.
Her ruling followed a Government Accountability
Office opinion issued last month saying that
California’s waivers aren’t federal rules
subject to CRA. GOP Senators Susan Collins, Lisa
Murkowski, John Curtis and John Cornyn remain
undecided. The GOP needs 51 votes to approve the
CRA so they can only lose two votes.
California’s ACC II rule includes a mandate for
vehicle manufacturers to sell increasing
percentages of zero-emission vehicles in the
State, beginning in model year 2026, and
culminating in a ban on internal combustion
engine-powered vehicles in 2035. To date, 17
states have adopted portions of California’s
light- and heavy-duty vehicle regulations. By
design, California’s ACC II rules operate to
reduce the liquid fuels market by giving
preferential treatment to electric vehicles,
thereby injuring energy marketers and others who
participate in the market. EPA’s waivers not
only increase vehicle costs but also increase
the costs of goods and the cost of living for
American families.
EMA calls on energy
marketers to contact their Senators, urging them
to support the CRA resolutions of disapproval
for the California waivers and restoring vehicle
choice for all Americans.
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