House Moves to Block California’s 2035 Gas Car Ban

Washington, D.C. – The House of Representatives has voted to challenge California’s ambitious plan to ban the sale of new gasoline-powered vehicles by 2035, setting up a potential clash over state versus federal authority in environmental regulation.

In a 246-164 vote, lawmakers approved a resolution aimed at nullifying California’s rule, a key component of the state’s strategy to combat climate change and accelerate the adoption of electric vehicles. The future of the resolution remains uncertain as it heads to the Senate, with its fate hinging on potential support from President Trump.

The House action disregards warnings from the Senate parliamentarian and the Government Accountability Office, both of which suggested that Congress may lack the power to block state climate policies. California’s unique authority under the Clean Air Act allows it to seek waivers from the Environmental Protection Agency (EPA) to impose stricter emission standards than the federal government. The EPA, under President Biden, granted California such a waiver in December 2022.

California’s 2035 ban has spurred eleven other states to commit to similar timelines, representing a substantial 40% of the U.S. auto market. Supporters of the ban argue it will significantly reduce greenhouse gas emissions and improve air quality, while opponents, including Republicans and industry groups, claim it limits consumer choice.

Rep. John Joyce (R-Pennsylvania), who introduced the resolution, argued that Congress, not California, should regulate the automotive market. He invoked the Congressional Review Act, which allows Congress to overturn regulations shortly after enactment. However, the Senate parliamentarian has questioned whether the Act applies to California’s waiver.

Rep. Paul Tonko (D-New York) cautioned that the resolution could set a dangerous precedent, potentially threatening other executive actions, such as Medicaid waivers and energy infrastructure permits.

Sen. Shelley Moore Capito (R-West Virginia), chair of the Senate Environment and Public Works Committee, has sponsored a similar resolution in the Senate but has not committed to a vote despite the parliamentarian’s concerns.

Notably, 35 Democrats joined Republicans in supporting the House resolution. Automakers and oil refiners have actively lobbied for the revocation of California’s waiver, with the Alliance for Automotive Innovation citing concerns about job losses and the feasibility of the mandate.

Environmental and EV advocates, like Albert Gore of the Zero Emission Transportation Association, contend that Congress should not impede states’ ability to protect their residents’ health.

This vote follows a similar House action to rescind two other EPA waivers granted to California, which allowed the state to regulate emissions from heavy-duty trucks. While the EPA could independently revoke California’s waivers, the Congressional Review Act offers a faster path to action.

The EPA has yet to comment on the situation.