Who actually leads the Senate? Is it Senator John Tune, the majority leader, or is it more about the influence of party members like Harry Reid and Elizabeth MacDonough?
This question could determine whether the Republican-controlled Senate can decide this week on the potential repeal of the Biden EPA’s decision to allow California to create a national mandate for electric vehicles.
The Clean Air Act permits California to implement air pollution regulations that are stricter than those set by the EPA in other states. The rationale behind this is that California has unique environmental challenges, particularly in areas like Los Angeles, where air pollution tends to get trapped.
In December 2024, the Biden EPA granted California an exemption under the Clean Air Act, mandating that by 2035, only electric vehicles can be sold in the state.
Given that California represents a significant share of the U.S. car market, automakers typically produce a uniform model for all states. Thus, this California EV mandate essentially serves as a national standard.
The EPA’s exemption was issued rather late in December 2024, which raises questions about the application of the Congressional Review Act (CRA). This 1996 law allows Congress to repeal regulations with a simple majority vote within 60 days of their issuance. The House already voted on May 1 to eliminate the California exemption, and now the Senate needs to take its turn before the first week of June.
However, there’s a complication.
Before the House vote, the Government Accountability Office (GAO) raised concerns regarding the CRA’s rules, suggesting that the exemptions granted don’t qualify for repeal under the CRA mechanism. While the EPA gave California the authority to regulate more strictly, this makes the exemption a regulation rather than a permit.
Chairman Johnson chose to disregard the GAO’s interpretation. Subsequently, the House passed the repeal by a vote of 246 to 164, with 35 Democrats joining all Republican votes.
Yet, some opponents still harbor hopes for action against the CRA. A senator appointed by Democrats, who is aligned with Harry Reid’s past leadership, believes the GAO’s views hold merit. This has left some Republicans uncertain about their stance.
Maine’s Senator Susan Collins mentioned that there are “several procedural issues” with the exemption. Additionally, Alaska’s Senator Lisa Murkowski expressed her colleagues are still debating their positions, noting that there’s a lot of uncertainty if rules are disregarded.
Even West Virginia’s Senator Shelley Moore Capito claimed she was “100% undecided.” This indecisive behavior is frustrating, and it seems leader Thune should not support it.
First, Congress appears misguided; exemptions should be viewed as regulations rather than permits.
Second, there seems to be a partisan bias at play. A senator, rooted in the Harry Reid era, decided that all climate-related provisions in the Inflation Reduction Act of 2022 should be categorized as budget matters, which allowed her to vote in a specific way. However, this determination may have helped avoid a potential failure of the IRA, making it difficult for Republicans to push back against hefty green spending exceeding $1 trillion.
Ultimately, the views coming from Congress seem a bit like GAO’s stance—merely advisory. Leader Tune isn’t bound to follow Senate rules or opinions here. It feels unreasonable for a Republican-led Senate to let Democrat appointees dictate the terms for voting on such critical measures.
Reflecting on his campaign, President Trump aimed to eliminate the EV mandate. It’s vital for Leader Thune to bring this California exemption to a vote next week and possibly enlist Vice President JD Vance’s help, if needed. After winning this vote, they can appoint new council members.
