10-4 Magazine / May 2025 59 Republican members of Congress are taking steps to try and immediately roll back vehicle emissions regulations put in place by California. But whether or not it is legal for them to do so remains an open question. The regulations in question are centered on the California Air Resource Board’s (CARBs) Advanced Clean Trucks and Omnibus NOx waivers granted to California. Specifically, Republicans are going after a series of waivers issued by President Biden’s EPA that would allow California and other CARB states to set tough emissions rules that would phase out gas and diesel powered vehicles in favor of zero-emission vehicles. Under the Clean Air Act, CARB was granted broad powers to set tough emissions standards, provided that the EPA approves of the regulations. Other states are then free to follow California’s regulations – an arrangement that gives CARB the power to set pollution policies for large portions of the U.S. Upon winning reelection last year, President Trump said his administration would seek to aggressively rollback various Greenhouse Gas Phase 3 emissions regulations. However, the clock was ticking. Two months ago, Trump’s EPA Administrator, Lee Zeldin, sent out a trio of California’s clean vehicle rules for Congressional Review Act (CRA) consideration. The EPA had never sent previous CARB waivers to Congress for approval. There is only a 60-day window to use a CRA once a rule has been opened up for review. This meant that Republicans had to act before mid-April to kill the waivers before the window of opportunity closed. On April 3, Reps. John Joyce (R-PA), John James (R-MI), Jay Obernolte (R-CA), Russ Fulcher (R-ID), Doug LaMalfa (R-CA), Kevin Kiley (R-CA), and Lisa McClain (R-MI) introduced three resolutions in Congress that would allow lawmakers to undo those CARB regulations. H.J. Res. 88 would reverse the EPA waiver for California to phase out gasoline-powered cars in a move that would favor electric vehicles. H.R. Res. 89 would terminate EPA’s waiver for nitrogen oxide (NOx) engine emission standards (Omnibus NOx rules). And H.J. Res. 87 would undo California’s push for zero-emissions trucks under its Advanced Clean Trucks. The Congressional Review Act does not apply to CARB waivers, but Senate Parliamentarian Elizabeth MacDonough ruled on April 4 that the waivers are not rules so they cannot be undone through the Congressional Review Act vote. Previously, the Government Accountability Office (GAO) had come to the same conclusion. The GAO is an independent, non-partisan agency that provides general oversight to Congress. And, according to the GAO, the waivers are not actual rules. Instead, the agency said, they are “adjudicatory orders” the state applied for. In other words, they aren’t rules or laws that Congress can alter. Sen. Adam Schiff (D-CA) said that the GAO’s ruling should be the final word on the matter. However, Senate Republicans may ignore the parliamentarian’s decision. “I will continue to address all options available to strike down these rules and eliminate the consequential impact they would make across our country,” said Environment and Public Works Chair Shelley Moore Capito (R-WV). Another path Republicans are pursuing is for Congress to pass a new law essentially changing the Clean Air Act to remove California’s special status altogether. Congressman Troy E. Nehls, a Texas Republican, last month reintroduced the Stop California from Advancing Regulatory Burden (CARB) Act of 2025. Senator Mike Lee (R-UT) is the leading Senate companion to this legislation. The Stop CARB Act would repeal California’s waiver exemption in Section 209 of the Clean Air Act, repeal Section 177 of the Clean Air Act, prevent other states from adopting California’s emissions standards, and clean up references to the waiver in other statutes. “The radical liberal state of California should never be able to govern for our great state of Texas,” said Nehls. “California should not be legislating for the rest of the country. My bill will ensure that California only governs California, not hard-working patriots in my district, by repealing California’s waiver.” Various trucking industry advocacy groups reacted positively to the news that Republican lawmakers were taking CARB head-on and urged them to continue to fight. American Trucking Association President Chris Spear sent a letter to Republican leaders in the House and Senate urging them to move this legislation forward quickly. ATA also recognized Reps. Joyce, James, Obernolte, Fulcher, LaMalfa, Kiley and McClain for introducing the anti-CARB resolutions. “The trucking industry commends our congressional champions for introducing these resolutions, which would take the regulatory keys away from unelected CARB bureaucrats whose mad dash to zero poses a grave threat to the supply chain and our economy,” Spear said. “The patchwork of unachievable EV mandates enabled by EPA’s waivers to California threatened to raise costs for American consumers without delivering the promised environmental benefits,” he said. “Thanks to the leadership of these lawmakers, Congress can restore EPA’s authority to set commonsense and achievable national standards that promote innovation and put us back on the path to lowering emissions while accounting for the operational realities of our essential industry.” Striking a similar note, the American Truck Dealers (ATD) also applauded the Republican representatives who introduced the resolutions to roll back CARB regulations. The standards set forth in these two regulations have already significantly impacted truck dealers’ ability to sell trucks in the state, with California dealers seeing a reduction in year-over-year sales by over 50 percent, much higher prices, limited charging and alternative fueling locations, and reduced operational performance have contributed to limited adoption of zero-emission technology in the heavy-duty truck sector. California’s unrealistic regulatory agenda is driving fleets to keep older trucks longer, setting up family-owned dealerships for failure, and increasing the cost of transportation. If these rules aren’t stopped, American consumers will pay the price. ATD supports one national standard for heavy-duty truck emissions with realistic timelines and requirements that can deliver innovative and cost-effective emissions solutions. The CRAs are an important step in that direction, and ATD supports their passage. Also, the National Automobile Dealers Association (NADA) said in a statement, “Allowing the California Zero Emission Vehicle mandate to go into effect later this year will drastically curtail the availability of gas-powered and hybrid vehicles, leave millions of consumers far fewer vehicle choices, and force consumers to pay more for new and used vehicles.” Stay tuned!! n KILLING CARB? Wayne’s World: By Wayne Schooling
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