Overview
- Senate Republicans, led by Majority Leader John Thune, are set to vote on reversing California’s EPA waivers despite rulings from the Senate parliamentarian and GAO that the waivers are not subject to the Congressional Review Act (CRA).
- The CRA allows Congress to nullify certain regulations with a simple majority, but its application to administrative waivers is unprecedented and legally contested.
- Democratic leaders have criticized the move as a ‘nuclear option,’ warning that it could undermine Senate norms and the filibuster, while some GOP moderates have raised concerns about procedural implications.
- California’s vehicle emissions standards, adopted by 11 other states and D.C., impact roughly 40% of the U.S. population and are seen as a de facto national policy by critics.
- Senator Alex Padilla has placed holds on EPA nominees in protest, while automakers and industry groups have lobbied in favor of overturning the waivers, citing economic concerns.