Overview

• Republicans in Congress are leveraging the Congressional Review Act (CRA) to challenge California's authority to phase out gas-powered vehicles by 2035.
• The Environmental Protection Agency (EPA) recently submitted California’s Clean Air Act waivers to Congress, labeling them as a ‘rule,’ despite longstanding precedent treating them differently.
• Legal experts and former officials argue this reinterpretation of the waivers as a ‘rule’ contradicts decades of practice and could undermine regulatory stability.
• California's waiver system, in place for over 50 years, allows the state to set stricter emissions standards, which 11 other states have adopted, influencing roughly half of U.S. car sales.
• Democrats and legal scholars warn that using the CRA in this way could erode the rule of law, while Republicans see it as a means to increase congressional oversight of agency decisions.