Washington D.C. — U.S. Senators Cynthia Lummis (R-WY), Eric Schmitt (R-MO), Pete Ricketts (R-NE), and Jon Husted (R-OH) today introduced four joint resolutions under the Congressional Review Act (CRA), each disapproving a separate Environmental Protection Agency waiver that has allowed the California Air Resources Board (CARB) to impose its regulatory agenda far beyond California’s borders.
Together, the four resolutions target CARB’s small off-road engine (SORE) mandate, the Advanced Clean Cars I program, the 2013 Advanced Clean Car Program waiver, and the 2009 waiver that first allowed California to regulate vehicle greenhouse gas emissions.
“California’s climate zealots have run roughshod over the rest of the country for too long,” said Senator Lummis. “Under Governor Newsom, Sacramento has decided it can dictate what Wyoming families drive and what equipment our small businesses use. That ends today. I’m proud to lead this fight to reclaim Congress’s authority and stop California from legislating for the entire nation.”
“California’s burdensome emissions requirements continue to punish American manufacturers, reduce consumer choice, and raise prices for American families,” said Senator Schmitt. “One state should not have the power to set national policy and dictate what products Americans use far beyond its borders. Overturning these climate alarmist rules will not only restore common sense, but also prevent a future administration from attempting to grant similar waivers. I’m proud to lead the Congressional Review Act resolution to repeal the EPA-California State Motor Vehicle Control Standards Waiver and join Senators Ricketts, Husted, and Lummis in our effort to help make life more affordable for American families.”
“Biden’s overregulation and red tape regime cost Nebraskans millions of dollars,” said Senator Ricketts. “They used California policies as a backdoor EV mandate and even tried to control how we cut our grass. I am proud to lead the effort to overturn these restrictions and restore commonsense. I will continue to fight for policies that empower our families, farmers, and ranchers.”
“Ohioans shouldn’t be forced to follow California’s lead when it comes to policies that make everyday life more expensive and less convenient,” said Senator Husted. “These resolutions are part of our work to make life more affordable for working families, restore common sense, cut unnecessary red tape and put consumers back in control. I’m proud to support this effort to lower costs and protect consumer choice.”
Endorsements
“For over a decade, California has tried to abuse the Clean Air Act waiver process to set national policy that Congress never approved, unilaterally deciding what cars Americans can buy and what equipment they can own in their own garages. These four CRAs, led by Senators Ricketts, Husted, Schmitt, and Lummis, undo that end-run and restore a single national standard set by Congress instead of CARB regulators. We urge the full Senate to pass all four and give American consumers back the final say over the vehicles and equipment they choose. Affordability should be top-of-mind for Congress into the fall.” – Brent Gardner, Chief Government Affairs Officer, Americans for Prosperity
“Affordability is the number one issue for Latinos and Americans, and it should be top-of-mind issue for Congress. For years, California has leveraged the Clean Air Act waiver process to set burdensome regulations on everything from vehicles, gas-powered equipment, and other products. The four Congressional Review Act resolutions led by Senators Ricketts, Husted, Schmitt, and Lummis restore Congressional oversight of this process. And we urge the Senate to pass all four to give American consumers the flexibility they deserve when purchasing goods.” – Sandra Benitez, Executive Director, The LIBRE Initiative
Background:
The Clean Air Act gave California a narrow carve-out to seek EPA waivers for emissions rules stricter than federal law — a modest exception meant to address the state’s unique smog problem in the 1970s. California has since hijacked that carve-out, weaponizing its market share to force manufacturers nationwide to build to Sacramento’s rules rather than maintain separate production lines. An unelected state board now dictates national policy that Congress never approved, and most Americans never voted for.
Under Governor Newsom, CARB has abandoned any pretense of addressing local air quality and turned the waiver process into a backdoor for imposing a radical climate agenda on the entire country — banning the gas-powered cars, trucks, and equipment that American families and small businesses rely on every day, without a single vote in Congress.
These four resolutions build on the precedent Congress set last year, when lawmakers used the CRA to strike down three other California power grabs — Advanced Clean Cars II, Advanced Clean Trucks, and the Omnibus NOx Rule. It’s time to finish the job and end California’s hijacking of national policy for good.
Small Off-Road Engine (SORE) CRA: California has increasingly used its Clean Air Act waiver authority to adopt regulations with effects extending beyond the state’s borders. This CRA would overturn EPA’s waiver for California’s Small Off-Road Engine (SORE) rule, reversing the state’s phaseout of gas-powered small engines. As a result, products such as chainsaws, lawn mowers, and power washers would no longer be required to transition to zero-emission technology.
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California State Motor Vehicle Control Standards CRA: In 2009, the Obama EPA granted California a Clean Air Act waiver allowing the state to regulate greenhouse gas (GHG) emissions from vehicles as pollutants California may regulate, creating a pathway for California’s standards to influence national vehicle regulations without new legislation from Congress. That waiver underpinned several subsequent federal vehicle emissions regulations, including those addressed in other CRAs. This resolution would disapprove the 2009 waiver and prohibit EPA from issuing substantially similar waivers in the future.
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Advanced Clean Cars I (ACC I) CRA: This EPA rule allows California to impose vehicle emissions requirements stricter than federal standards for passenger vehicles through model year 2025. This has resulted in a push towards electric vehicles across the nation.
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ACC I Reconsideration CRA: In 2022, the Biden EPA reinstated California’s Clean Air Act waiver for its Advanced Clean Cars (ACC I) program after the Trump administration had revoked it, restoring the state’s authority to enforce its greenhouse gas emissions and zero-emission vehicle (ZEV) sales requirements for model years 2017–2025. This resolution would disapprove the 2022 EPA rule reinstating the ACC I waiver.
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