Congressional Republicans Challenge California’s Gas Car Phaseout Using Rare Legislative Tactic

GOP lawmakers aim to reinterpret regulatory waivers under the Congressional Review Act to block California’s 2035 ban on new gas-powered vehicles.

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.