On May 1, 2025, the U.S. House of Representatives voted 246 to 164 to repeal an Environmental Protection Agency (EPA) waiver that permitted California to enforce its ban on the sale of new gasoline-powered vehicles by 2035. This decision marks a significant step in the ongoing debate over federal versus state authority in environmental regulation and the future of the automotive industry.
Background of the EPA Waiver
In December 2024, the EPA, under the Biden administration, granted California a waiver under the Clean Air Act, allowing the state to implement its Advanced Clean Cars II (ACC II) rule. This regulation mandates that 100% of new passenger vehicles sold in California be zero-emission by 2035, effectively banning the sale of new gasoline-powered cars. The waiver also extended to 11 other states, including New York, Massachusetts, and Oregon, which adopted similar standards, collectively representing approximately 40% of the U.S. auto market.
The waiver was seen as a means to accelerate the transition to electric vehicles (EVs) and reduce greenhouse gas emissions from the transportation sector, which is a significant contributor to climate change. Proponents argued that the stricter standards were necessary to combat air pollution and promote public health.
The House Vote and Its Implications
The resolution to repeal the EPA waiver was introduced under the Congressional Review Act (CRA), which allows Congress to overturn federal regulations with a simple majority vote in both chambers. The House vote saw 35 Democrats joining Republicans in support of the resolution, signaling a bipartisan challenge to California’s authority to set stricter emissions standards than federal regulations.
Opponents of the waiver repeal, including California Governor Gavin Newsom and environmental advocacy groups, criticized the move as an overreach by the federal government and a threat to state autonomy. They argued that California’s long-standing authority to set its own environmental standards was being undermined, potentially setting a dangerous precedent for other states seeking to implement progressive policies.
Legal experts also raised concerns about the use of the CRA to overturn the EPA waiver, noting that both the Senate parliamentarian and the Government Accountability Office had previously stated that such waivers are not subject to repeal under the CRA. This legal uncertainty casts doubt on the long-term viability of the House’s decision.
Industry Reactions
The automotive industry had mixed reactions to the House vote. Major automakers, including General Motors and Toyota, expressed concerns that the stringent emissions standards would increase vehicle costs and limit consumer choice. They argued that the transition to EVs should be market-driven rather than mandated by government regulations.
On the other hand, environmental groups and clean energy advocates supported the waiver, viewing it as a necessary step toward reducing carbon emissions and combating climate change. They warned that repealing the waiver could delay the adoption of EVs and hinder progress toward meeting national and international climate goals.
Prospects in the Senate
The resolution now moves to the Senate, where its future remains uncertain. While the CRA allows for a simple majority vote, the Senate parliamentarian’s previous ruling that EPA waivers are not subject to the CRA could complicate the legislative process. Additionally, with a closely divided Senate, it is unclear whether there will be sufficient support to pass the resolution.
If the Senate approves the resolution and President Donald Trump signs it into law, the EPA waiver would be rescinded, and California’s 2035 gas car ban would be effectively nullified. However, legal challenges are expected, and the issue may ultimately be decided by the courts.
Conclusion
The House’s vote to repeal the EPA waiver granting California the authority to ban the sale of new gasoline-powered vehicles by 2035 represents a pivotal moment in the debate over environmental regulation and state rights. As the resolution moves to the Senate, the outcome will have significant implications for the future of the automotive industry, environmental policy, and the balance of power between federal and state governments.
