Senate Vote on Ending the EPA Waiver for California’s 2035 Gas Powered Car Mandate Moved up to this Week

Senate Majority Leader John Thune (R-SD) announced Tuesday that the House will vote on the Environmental Protection Agency’s waiver for California’s 2035 new gas powered car sales ban mandate this week, potentially setting up the beginning of the end for the mandate.

At the center of the issue is the Congressional Review Act (CRA), which allows Congress to change federal agency rules decisions, but not waiver decisions. It also allows the passage or reversal of rules with a simple majority vote without a filibuster. Since the EPA waiver was first passed in December 2024 as a Biden Administration attempt to “Trump-proof” the mandate, supporters of the mandate deemed it safe because of Congress not being able to change it with the CRA in place. The Biden Administration, backed up by a report from the General Accounting Office (GAO), didn’t think that a House vote could overturn it.

However, this was proven wrong earlier this month when House Republicans and some House Democrats agreed with the open interpretation of the CRA and voted to repeal the waiver. The Senate, carrying on with the open interpretation of the CRA, moved up the process, surprising many Democrats on Tuesday with an earlier than expected vote later this week, as well as for going against the Senate parliamentarians earlier ruling that the waiver is not a rule and thus is not subject to the CRA.

“This week, we’re going to be moving to take up Congressional Review Act resolutions to overturn Clean Air Act preemption waivers the Environmental Protection Agency granted to California that allow California to dictate emission standards for the whole country, effectively imposing a nationwide electric vehicle mandate,” said Thune on Tuesday.

While many Senators praised the earlier vote and the interpretation of the CRA, many Democrats blasted the decision, saying that they should not have gone against the parliamentarian’s decision.

“The import of overruling the parliamentarian extends far beyond CRA resolutions,” noted Sheldon Whitehouse (D-RI).” Once you overrule the parliamentarian on a legislative matter, all bets are off. Any future majority would have precedent to overrule the parliamentarian on legislative matters. There is no cabining such a decision. It is tantamount to eliminating the filibuster.”

Questions on the CRA

Both of California’s Senators – Alex Padilla (D-CA) and Adam Schiff (D-CA) – have also said that they would back up their state and oppose a repeal of the EPA mandate.

“I hope for the best, but I prepare for the worst,” said Senator Padilla. “In my heart of hearts I think that he wouldn’t. He has made statements about respecting the parliamentarian’s determinations.

“But given the start of the year that we’ve had, and how the Republican Congress, including the Republican majority in the Senate, are just sort of caving and giving Donald Trump everything he’s asked for — we have to prepare for anything. I wouldn’t put it past him, I guess I should say.”

“Republicans have themselves admitted that the Congressional Review Act is not a tool at their disposal to ignore the law and overturn precedent, as has the Senate Parliamentarian,” added Senator Schiff. “We will fight this latest attack on California’s power to protect its own residents, and I will urge my colleagues in the Senate to recognize the severe implications of proceeding with this violation of state’s rights, as well as the dangerous precedent it would set by flouting the unanimous opinion of Congress’ trusted arbiters.”

However, Thune and waiver repeal supporters said that the rules concerns over the bill are “entirely misplaced” and that the matter at hand is Californian regulations going against federal regulations, with the goal being the ultimate repeal of the 2035 mandate and having it all go under federal regulations once again – including allowing the sale of gas powered cars past 2035.

“Democrats’ concerns are entirely misplaced,” added Thune. “Concerns that overruling the parliamentarian on this waiver will eventually open the door to ending the filibuster is hysterical. We are not talking about doing anything to erode the institutional character of the Senate. The EPA has submitted the waivers to Congress as rules, which is all that Congress has ever needed to decide something under the Congressional Review Act.”

On the waiver issue itself, some Democrats have already sided with Republicans on voting to end the waiver, as seen by the lopsided 246-164 House vote earlier this month. Growing concerns by automakers of lowered sales and lost jobs and Americans now being less likely to buy electric cars have managed to convince many to end the mandate, with many seeing the complaint about the CRA being pro-waiver Democrats’ last saving throw to stop the repeal and end of the mandate outside of legal action.

President Trump has previously indicated that he will sign off on repealing the waiver, meaning that the vote this week is the last serious chance for Democrats to save the waiver.