Federal Agency Says Congress Can’t Overturn California Vehicle Emissions Rules
The Government Accountability Office (GAO) - an independent federal agency that provides auditing, evaluative, and investigative services to the U.S. Congress - released a report revealing its opinion that Congress does not have the authority under the Congressional Review Act to overturn California's more stringent automotive emissions regulations.
In December, when Joe Biden was still President, the U.S. Environmental Protection Agency (EPA) granted California’s waiver request for its Advanced Clean Car (ACC) II program. This regulation would require increasing sales of zero emission vehicles such as electric vehicles, culminating in a requirement to no longer sell internal combustion engines by 2035.
The Clean Air Act allows the EPA to grant waivers to California that allow it to set its own air pollutant emissions standards for new motor vehicles, and it allows states to adopt California's rules under certain conditions. So far, seventeen states and the District of Columbia have adopted California's rules to some extent. These jurisdictions, including California, accounted for around 40 percent of new vehicle sales in the U.S. in 2023.
Under the Congressional Review Act, Congress can vote to overturn rules finalized by federal agencies. California and supporters of ACC II argue that a waiver doesn't qualify as a rule, and therefore is not subject to the Congressional Review Act. Those in favor of overturning California's waiver argue that a waiver qualifies as a rule. The GAO's report states that waivers are not rules.