Government Accountability Office Blocks Potential Congressional Repeal Of California EV Rules

The Government Accountability Office announced Thursday that the Environmental Protection Agency’s emissions waiver request sent last month to Congress for review is not reviewable by them and that the previous Biden Administration’s approval of California’s mandate to ban the sale of all gas-powered vehicles by 2035 still stands.

In the past several months, the California plan to make  all passenger cars zero emission by 2035 has been up in the air. The Biden administration approved California’s mandate to ban the sale of all gas-powered vehicles by 2035 in December through a waiver avoiding congressional approval, making it more difficult for incoming President Donald Trump to federally stop the mandate. However, Trump was unfazed, and last month ordered EPA Administrator Lee Zeldin to send California’s vehicle emissions waiver request to Congress for review. The Trump administration backed this up and said that it was properly considered a rule under the Congressional Review Act.

“It does not surprise me, their current stance, because it’s a stance that’s well established, not just by the Trump Administration 1.0, but by previous Republican administrations that have been trying to vandalize California’s waiver and pollution standards for decades,” said Governor Gavin Newsom in response to the waiver request last month.

The back and forth continued into March, with the GAO firing back on Thursday by saying that the Biden decision was an order and is thus not reviewable by Congress. Democrats, particularly those from California, praised the decision on Thursday, saying that it will help California keep the 2035 mandate intact.

“The GAO ruling is clearly consistent with prior decisions that will be enormously helpful in protecting California’s ability to protect its citizens,” explained Senator Adam Schiff (D-CA) on Thursday.

Republicans to take next steps in ending the 2035 mandate

However, Republicans vowed to both challenge the GAO, as well as look at alternatives to stopping the 2035 mandate. Senate Environment and Public Works chairwoman Shelley Moore Capito (R-WV) confirmed on Thursday that they were looking at the next steps to take.

A likely step would be to point out California’s EV numbers. EV car sales in California have been stagnating for years, with the state all but certain not to reach certain electric goals that were put in place when the mandate was first passed in 2020. 2024 electric rates were around 21.4% of all cars sold in the state – with the figure remaining unchanged from 2023. California has an electric vehicle sales goal of 35% by 2026, which, with current sales, will force the state to delay the original 2035 end date. Or the state can change it to include the far more popular hybrid vehicles.

Also likely to carry weight is public opinion. Nationwide, polls have shown that 75% of Americans are against any kind of gas-powered vehicle ban. And, with each passing year, Californians are more opposed to it. Rising charge rates, a lack of vehicle choice, and other negatives have made more Californians oppose it than support it.