Ariana Marmolejo Regional Communications Strategist (West) | Conservation Voters New Mexico
On April 30th and May 1st, 2025, the House of Representatives utilized the Congressional Review Act (CRA) of 1996 to disapprove California's Clean Air Act waiver, which allows the state to set its own vehicle emission standards. These standards include the Advanced Clean Cars II and Advanced Clean Trucks programs, designed to increase the sales of zero-emission electric vehicles, as well as the Heavy-Duty Omnibus standard, which targets reducing nitrogen oxides emissions from heavy-duty trucks. The Senate is expected to consider the CRA joint resolutions next.
Two non-partisan Congressional watchdogs have reviewed the legality of the waiver being subject to the CRA. The Government Accountability Office concluded that the Environmental Protection Agency's (EPA) approval of California's waiver is not a "rule" but rather an "order," exempting it from the CRA. Additionally, the Senate Parliamentarian also clarified that the waivers should not fall under the CRA. Even if classified as a "rule," the waivers are beyond the timeline allowed for CRA application.
In reaction to the House's decision, Demis Foster, Chief Executive Officer of Conservation Voters New Mexico (CVNM), expressed disapproval: “We are proud that New Mexico adopted all three of California’s vehicle standards for cleaner transportation. The result will be less climate pollution, cleaner air, and healthier communities. Congress does not have the authority to overturn California’s Clean Air Act waivers through the CRA. In doing so anyway, the House is ignoring the guidance given it and is also trampling on states’ rights under the Clean Air Act. This is creating a dangerous precedent. There will surely be a wave of litigation, as has been the case with so many actions in this administration. We urge New Mexico’s elected leaders and the Environment Department to stay the course and work with California and the other states to seek out alternatives that can continue to advance cleaner cars, cleaner air, and healthier communities until the waiver is back in place.”
Under the Clean Air Act, California can request waivers from federal vehicle emissions standards advocated by the EPA to establish its own stricter standards. These waivers are to be granted if California's standards are as protective as federal regulations, necessary to address severe air quality issues, and legal. The EPA’s decisions regarding waivers have traditionally been treated as "orders," not as "rules," and therefore have not been subject to CRA up to this point.
California has used its waivers to advance zero-emission vehicle initiatives and stricter large truck emissions standards. Seventeen states, along with the District of Columbia, have adopted the Zero-Emission Vehicles program (Advanced Clean Cars II), and several states have opted to follow California's stringent emissions guidelines.
The Congressional Research Service explains that the CRA allows Congress to overturn certain federal agency decisions. It was enacted as part of the Small Business Regulatory Enforcement Fairness Act in 1996, mandating that agencies inform Congress of rule issuance and providing a framework for legislation to overturn rules. A CRA joint resolution must pass both houses of Congress and receive the President's signature for the rule to be overturned.
CVNM, a nonpartisan and nonprofit organization in New Mexico, aims to connect people to political power to protect the state's natural resources and community health by engaging voters and promoting responsible public policy.
