On Thursday, the Senate voted to overturn California’s Advanced Clean Cars II regulations, which were authorized in 2022 when the Environmental Protection Agency (EPA) granted the state a waiver under the Clean Air Act to phase out the sale of new gasoline-powered vehicles by 2035.
The resolution was introduced by Sen. Shelley Moore Capito (R-West Virginia) on April 4, and passed the senate on May 22, with a vote of 51-44. The House of Representatives previously passed a similar resolution on May 1, and now both resolutions await President Donald Trump’s signature to become law.
In 2020, California Gov. Newsom unveiled plans to phase out the sale of new gasoline-powered vehicles by 2035. The regulations require new auto sales to be made up of 43% EVs by 2027, 66% by 2030 and 100% by 2035. Consumers, however, could still purchase used gas-powered vehicles, plug-in hybrids or hydrogen-powered vehicles.
During Trump's first presidential term, the EPA rescinded California's ability to enforce its stricter emissions standards. However, the Biden administration reinstated that authority in 2022.
California's air regulators finalized Newsom’s regulations as part of the Advanced Clean Cars II in 2022, and in 2024, the EPA granted California a waiver under the Clean Air Act, approving the Advanced Clean Cars II (ACC II) regulations at a federal level.
While California’s air pollution is among the worst in the U.S., according to the American Lung Association, other states have adopted the state’s emission standards, too. Overturning the regulations would limit states’ ability to set their own emissions.
These states include California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington, plus Washington, D.C.
On May 1, after the House voted to repeal California's clean vehicles program, California Attorney General Rob Bonta said, “The Congressional Review Act was designed to provide a mechanism for congressional oversight of new rules by federal agencies—not for partisan attacks on duly-adopted state laws. Not only would the misuse of the CRA undermine the integrity of our democratic process, but it would also be unlawful."
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