Senate Republicans have shown support for the Biden administration’s Environmental Protection Agency (EPA) exemptions, which enable California to effectively enforce electric vehicle (EV) mandates on other states.
Senate Majority Leader John Thune mentioned that the chamber is considering resolutions to repeal this exemption, following its demise in the House last week. Five Republican senators, including some from Thune’s leadership team, indicated on Monday that the Senate should act to eliminate the EPA exemption as discussions continue within the GOP Conference.
The most straightforward approach is to repeal the exemptions via the Congressional Review Act (CRA). Under Thune’s leadership, the Senate has already rescinded ten rules set by former President Biden and plans to revoke four more this week.
The Biden administration granted an EPA exemption in December 2024, late in Biden’s first term. This exemption permits other states to adopt California’s stringent emissions standards for gasoline vehicles.
California’s “Advanced Clean Car II” regulations aim to phase out sales of new gas-powered vehicles by 2035. Another mandate specifies that all trucks sold in California should be zero-emission by that same year.
These regulations are set to begin impacting vehicle models in 2026, with 17 states and Washington, DC, looking to adopt California’s vehicle standards as a means to influence national environmental policy.
Senator Steve Daines from Montana expressed to the DCNF that the waivers granted to California pose a significant threat to combustion engines and U.S. transportation. He emphasized the need to overturn these regulations using the CRA.
But the effort to eliminate California’s exemptions faces potential procedural challenges, as senators decide the fate of these exemptions, which may not fall under CRA jurisdiction. Senate Democrats raised concerns on May 1 about the “significant institutional consequences” of advancing such Republican measures.
Despite these hurdles, Senate Republicans remain optimistic that they can push through the revocation of California’s exemption. Senator James Lankford from Oklahoma pointed out the Biden administration’s influence over California’s regulations and its implications for nationwide policy.
Senator John Boozman from Arkansas expressed uncertainty about the proper way to navigate the situation, noting the confusion surrounding rule-making processes. Senate Majority Whip John Barrasso confirmed that the Senate would indeed address the House’s CRA resolution to eliminate California’s exemption in the upcoming weeks.
The White House has also backed efforts to repeal the exemption, with former President Trump continuously advocating for its elimination during his campaign.
However, if the Senate does not move to rescind the exemption under the CRA, it could lead to a lengthy rulemaking process by the Trump administration’s EPA to reverse these emission regulations, potentially taking several years.
