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Congress overturned California’s ban on new gas-powered cars

Friday, May 23

Image: Jae C. Hong/AP

A coast-vs-coast battle is brewing like the Tupac-Biggie days of yore: The Republican-led Senate voted yesterday to revoke several Biden-era waivers that allow California to set its own vehicle emissions standards, a move that blocks the state’s first-in-the nation rule banning all new gas-powered cars by 2035.

Quick background: California has a waiver under the 1970 Clean Air Act allowing it to set stricter air quality rules than the federal government—which, up until now, also included regulations for vehicle emissions. Other states are allowed to opt-in to California’s air quality regulations, but they can’t set any of their own.

Why it matters: These laws have significant power to shape purchasing trends. The Golden State’s new gas-powered vehicle ban would have applied to ~40% of the US auto market, when including the 11 other states who joined the measure.

To EV, or not to EV?

Republican lawmakers, along with many US carmakers and auto dealers, argue that California’s gas-powered vehicle ban and similar vehicle-emissions measures could cripple America’s auto industry and harm the overall economy by forcing sales of cars the public doesn’t want.

They cite data that shows EV sales currently make up just ~7% of the US car market, and have experienced a recent downward trend while the broader auto market is growing.

On the other hand: Supporters of California’s waivers argue the state, which has long struggled with high air pollution, has a right to impose stricter regulations on vehicle emissions because they’re one of the largest contributors to air pollution and smog.

  • Congressional Democrats also claim Republicans set a dangerous precedent by overruling the Senate parliamentarian—a nonpartisan staffer in charge of interpreting the chamber’s rules—and revoking California’s waivers with just 51 votes, instead of 60.

Looking ahead…The measures now head to President Trump, who’s expected to sign them into law shortly. California lawmakers have pledged to sue the federal government in response.

📊 Flash poll: Do you agree with Congress’ decision to revoke waivers allowing California to set its own vehicle emissions standards?

See a 360° view of what pundits are saying →

Democratic donkey symbol

Sprinkles from the Left

  • Some commentators argue that if Republicans can ignore the Senate parliamentarian on this, then why not on any other bill? And if Democrats take the majority, then all bets are off on how they could use it.
  • Others contend that the precedent of defying their own parliamentarian is a dangerous one for Republicans to set, as it essentially amounts to eliminating the filibuster—and can easily be wielded by Democrats when they retake the chamber.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators argue that the quotas in California’s law would force automakers to produce fewer gas cars, raise their prices to offset EV losses, and harm workers who may lose their jobs as automakers are forced to make more EVs.
  • Others contend that the Senate parliamentarian improperly inserted themselves into the Senate’s rulemaking process, and wrongly declared that rules submitted to Congress are not actually rules—leaving Republicans with no choice but to overrule the action.
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