Former President Donald Trump and congressional Republicans are mounting a new challenge to California's plan to ban sales of new gas-powered vehicles by 2035, setting up another clash over state versus federal authority on environmental regulations.
The Republican strategy involves using the Congressional Review Act (CRA) to attempt to overturn California's special authority to set stricter vehicle emission standards than federal requirements - a power the state has held for over 50 years since the Nixon administration.
California's 2035 ban on new gas vehicle sales, approved under the Biden administration, has become increasingly controversial as 11 other states have adopted similar rules. Republicans argue these state-level mandates effectively create national policy since the participating states represent about half of U.S. car sales.
EPA Administrator Lee Zeldin recently submitted California's waivers to Congress for review, while Representative Kevin Kiley (R-Rocklin) announced plans for a resolution to reject the state's authority.
However, the legality of using the CRA to overturn California's waiver is in question. The Government Accountability Office ruled in 2023 that California's waiver is not subject to congressional review - though the EPA contends similar GAO rulings haven't prevented CRA challenges to other agency rules.
California officials strongly oppose the Republican effort. The California Air Resources Board spokesperson Dave Clegern called it unprecedented, noting that no EPA administration in 50 years - Democratic or Republican - has attempted such action.
This represents the latest chapter in an ongoing battle over California's environmental leadership role. During his first term, Trump's administration attempted to revoke California's authority to set vehicle emission standards, but President Biden restored this power in 2021.
Governor Gavin Newsom characterized the Republican move as consistent with previous attempts to "vandalize California's waiver and pollution standards." The outcome of this legislative challenge could have major implications for the future of electric vehicles and state-level climate initiatives across the country.