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House votes to block California from banning sales of gas cars by 2035

The House voted Thursday to block California from enforcing a rule that would ban sales of new gasoline-powered cars in the state by 2035.

Lawmakers voted 246-164 to pass a resolution targeting the rule, which ranks as one of the nation’s most ambitious policies aimed at combating climate change and promoting electric vehicles. However, it is unclear whether the Senate will follow suit and send the measure to President Donald Trump’s desk.

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In forging ahead with the vote, House Republicans sidestepped legal opinions from two nonpartisan watchdogs. The Senate parliamentarian and the Government Accountability Office have concluded that Congress lacks the legal authority to prevent states from enforcing such climate rules.

Under the Clean Air Act, California can receive a waiver from the Environmental Protection Agency to set tougher vehicle emissions standards than those of the federal government. California regulators approved a rule in 2022 that would phase out sales of new gas-powered cars by 2035, and in December under President Joe Biden, the EPA granted the state a waiver to enforce the regulation.

Eleven other states have pledged to adopt California’s rule and end sales of gas cars within their own borders by 2035. Together, the states account for about 40 percent of the U.S. auto market.

Environmental and public health advocates have applauded these state actions, saying they will cause a significant drop in planet-warming emissions and harmful air pollution. But Republicans and business groups have slammed these moves, saying they will prevent consumers from choosing what kind of cars to drive.

Rep. John Joyce (R-Pennsylvania) introduced a resolution to revoke California’s waiver under the Congressional Review Act, which allows lawmakers to nullify a regulation within 60 days of its enactment with a simple majority vote.

“Congress, not California, is the only body that can regulate the interstate automotive market,” Joyce said during a Monday meeting of the House Rules Committee, which considered the resolution before sending it to the House floor. “What works in Hollywood doesn’t work in Hollidaysburg, Pennsylvania.”

Yet the Senate parliamentarian, the nonpartisan arbiter of the upper chamber’s rules and procedures, ruled this month that the waiver is not a regulation subject to the Congressional Review Act. The Government Accountability Office issued a similar legal opinion in March.

When asked about these legal findings on Monday, Joyce said, “Let me get back to you because I am not clued in on that.” He declined to comment further as aides whisked him away to another engagement after the Rules Committee meeting.

Rep. Paul Tonko (D-New York) warned that passage of the resolution could set a dangerous precedent.

“It would represent an extraordinary, illegal expansion of the use of the Congressional Review Act, which ultimately could threaten far more than just California’s vehicle standards,” Tonko told the Rules Committee. “Other executive actions like approval of state waivers for Medicaid programs and energy infrastructure permits could be blocked in the future.”

Sen. Shelley Moore Capito (R-West Virginia), who chairs the Senate Environment and Public Works Committee, sponsored the resolution targeting the waiver in the upper chamber. She declined to say Tuesday whether she would push for a vote on the measure despite the parliamentarian’s ruling.

“We’re exploring all options,” Capito told reporters. “That was submitted as a rule by the administration; that should be covered under the Congressional Review Act. So we have a disagreement here, but we’re looking at what our options could be.”

Groups representing automakers and oil refiners had lobbied lawmakers to rescind the waiver. The Alliance for Automotive Innovation, which represents all the major U.S. vehicle manufacturers, argued in a Monday letter to lawmakers that California’s rule is “unachievable” and “will result in a major loss of auto industry jobs.”

But climate activists and electric vehicle advocates warned that the waiver revocation would prevent state officials from protecting the health of their residents.

“Congress is not better suited than state governments to decide whether to adopt clean air standards for communities in those states,” said Albert Gore, executive director of the Zero Emission Transportation Association, an industry group that promotes EVs.

Under Biden, the EPA granted California a total of three waivers to enforce its own vehicle emissions rules. The House voted Wednesday to rescind the other two waivers, which would allow the state to slash emissions from heavy-duty trucks.

Regardless of action on Capitol Hill, the EPA could revoke California’s waivers on its own. But that process could take months, whereas lawmakers can act immediately under the Congressional Review Act.

The EPA did not respond to a request for comment.