Thune Navigates Senate Procedural Landscape Over EV Regulations

On Wednesday, Senate Majority Leader John Thune set out to sidestep a potential standoff within the Senate regarding the use of the Congressional Review Act (CRA) to challenge California’s electric vehicle (EV) regulations.

Thune instituted a series of complex procedural votes aimed at helping the Senate tackle contentious topics.

He introduced a joint resolution, backed by Senator Shelley Moore Capito, aimed at disapproving National Highway Traffic Safety Administration regulations related to hydrogen vehicle safety standards. This bill is intended to broaden the applicability of the Parliamentary Review Act.

This procedural approach sent Democrats a last-minute surprise. They were counting on Thune to first address other resolutions that had already passed and eliminate the California EV exemption, which prohibits the sale of new gas-powered light vehicles by 2035 under the Review Act.

Democrats had planned to leverage a Congressional ruling arguing that the EV exemption doesn’t count as rulemaking under the law to block the resolution.

In a turn of events, Thune opted to bring the Capito resolution on hydrogen vehicle standards to the forefront, initiating discussions about whether the EV exemption is subject to CRA reviews, thus taking the matter out of Congress’s hands.

This shift was partly influenced by some Republican Senators, including Sen. Susan Collins, expressing discomfort with the idea of overturning Congressional rulings.

One Republican Senator commended Thune for seeking an “elegant solution,” potentially alleviating what could have been a challenging political situation.

Thune emphasized the need for the Senate to deliberate on this “fresh” procedural question.

“When faced with a novel situation, there’s naturally some disagreement among members, so I think it’s fitting for the Senate to weigh in on these questions,” he noted.

He referenced a previous Senate vote concerning whether a resolution qualified for expedited handling under the War Powers Act.

In contrast, Senate Minority Leader Chuck Schumer argued that the previous ruling indicated that the EV exemptions do not meet rulemaking eligibility for CRA reviews, suggesting this attempt was an obvious circumvention of past Congressional decisions.

He criticized Republicans for “going nuclear” by breaking existing Senate precedents.

Democratic Senator Sheldon Whitehouse took to the floor, asserting that Republicans were misrepresenting the facts in claiming that the Environmental Protection Agency (EPA) exemptions presented novel questions needing review.

“The facts are quite straightforward. This isn’t a new principle; it goes against almost 30 years of EPA practice,” he stated.

However, Thune and other GOP Senators contended that it should be up to the Senate, not Congress, to decide these matters.

Republican procedural experts noted that introducing complex questions to the committee is a common tactic, seeking to shift responsibility to the Senate rather than relying solely on Congress.

Thune highlighted that the order point would determine whether the Senate could vote on the resolution’s disapproval under the CRA.

Although Schumer tried to contest Thune’s point of order, it was defeated with a 46-52 vote.

Schumer then challenged the ruling made by the Speaker of the Senate, who happens to be Capito, on whether the point of order was valid under the CRA.

This appeal was also anticipated to fail along party lines.

Senate Republicans familiar with Thune’s tactics suggested that the California EV mandate could lead to resolutions aimed at rapid consideration in the Senate.

Once this process is completed, Senate Republicans are likely to approve Capito’s resolution aimed at overturning the National Highway Traffic Safety Administration’s hydrogen vehicle guidelines.

Thune would subsequently back Capito’s second CRA resolution, which aims to disapprove regulations affecting gas-powered vehicles tied to California’s EV exemption.

Democrats may find it challenging to prompt Congress to expedite actions under the CRA, as the Senate has already voted on these points of order related to the hydrogen vehicle resolution.

Senator Richard Blumenthal voiced concerns that these intricate procedural maneuvers wouldn’t change voters’ perceptions regarding the Senate’s apparent disregard for lawmakers in favor of fossil fuel interests.

Blumenthal asserted that Republicans seemed reluctant to directly overturn Congressional decisions but suggested their efforts were merely an illusory justification.