Senate Republicans are looking to scrap a Biden-era rule that essentially allows Democrat-run California to impose an electric vehicle (EV) mandate across the United States.
Sen. Shelley Moore Capito (R-WV) proposed a resolution on Friday that would repeal California’s “Advanced Clean Cars II,” which Biden’s Environmental Protection Agency (EPA) signed off on weeks before Trump’s second term, the Daily Caller News Foundation reported. The rule would ban the sale of gas-powered vehicles in California and 11 other states by 2035.
Capito proposed the resolution despite the Government Accountability Office (GAO) stating in March that the EPA waiver was not subject to the Congressional Review Act (CRA). Capito, who is chairman of the Senate Environment and Public Works (EPW) Committee, is arguing that the California EV waivers are rules that can be repealed under the CRA, according to the report.
“By submitting these waivers, the Trump EPA is complying with the law and giving Congress the opportunity to reject California’s effort to impose its EV mandate on all Americans,” Senate Environment and Public Works Republicans posted to X on Feb. 14.
By submitting these waivers, the Trump EPA is complying with the law and giving Congress the opportunity to reject California’s effort to impose its EV mandate on all Americans.
— EPW Republicans (@EPWGOP) February 15, 2025
Chairman Capito will work with her colleagues to use the Congressional Review Act process to… https://t.co/KckZ43CEXz
Opponents of California’s EV mandate “are optimistic” that Senate Republicans will secure a full repeal, despite uncertainty over procedural hurdles, the report states.
“Leadership in the House and Senate recognize that this is an important piece of President Trump’s commitment to restoring consumer choice in our ability to purchase automobiles that we want to purchase,” Tom Pyle, president of the Institute for Energy Research, told the outlet. “The pieces are in place, they’re aware of the deadlines, and I’m confident that they will deliver for President Trump and the American people.”
California’s EV mandate is set to go into effect for model year 2026 and would phase out the sale of new gas-powered cars by 2035. The eleven states who have planned to implement the standard, as allowed by the Biden EPA waiver, are: Colorado, Delaware, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington and Vermont, as well as Washington, D.C.
“Republicans will need simple majority votes in both chambers to send the CRA resolutions to President Donald Trump’s desk for signature, assuming GOP leadership moves forward in repealing the measures,” according to the report. “Trump strongly opposed Biden-era regulations forcing EVs on American consumers on the campaign trail and signed an executive order eliminating EV mandates on his first day in office on Jan. 20.”
Republican Reps. John Joyce (R-PA), Jay Obernolte (R-CA) and John James (R-MI) introduced resolutions on Wednesday evening to eliminate California’s EV mandate.
Republican Sens. Deb Fischer (R-NE) and Markwayne Mullin (R-OK) also introduced resolutions on Friday that would eliminate California’s vehicle emission rules, which essentially crack down on diesel engines and heavy-duty trucks, according to the report.
