California Might Not Lose Its EV Mandate After All

A procedural roadblock slows GOP efforts

Efforts by the Trump administration and Congressional Republicans to dismantle California’s ambitious electric vehicle (EV) mandate just hit a wall, The New York Times reported. A ruling from the Senate parliamentarian on Friday blocked an attempt to use the Congressional Review Act (CRA) to revoke California’s waiver under the Clean Air Act, which lets the state ban the sale of new gasoline-powered cars by 2035.

The decision derails a key strategy to undo the state’s climate policy quickly, without the 60 votes normally required to overcome a filibuster in the Senate. Instead, any attempt to overturn the waiver now faces a more difficult legislative path.

California’s clean air carve-out stays — for now

The waiver in question is part of a long-standing tradition: California, due to its historically severe air pollution, has been allowed to implement stricter emissions rules than those set by the federal government. Other states can choose to follow California’s standards, and so far, 11 have committed to the 2035 gas car ban, together making up nearly half of the U.S. auto market.

“This latest stunt from Trump’s EPA was a clearly bogus attempt to undercut California’s climate leadership, and it failed,” said Senator Alex Padilla of California. Fellow California Democrat Adam Schiff and Senator Sheldon Whitehouse of Rhode Island echoed that sentiment, calling the ruling a win for both climate action and legal precedent.

The waiver battle isn’t over

While the parliamentarian’s ruling blocks the fast-track approach, it doesn’t close the door entirely. Republicans could still pursue a full Senate vote or look for other procedural workarounds. They could also pressure EPA Administrator Lee Zeldin to revoke the waiver administratively, but that would require a formal rulemaking process, complete with public notice and comment periods, a months-long effort at best.

Meanwhile, Republican lawmakers in the House are pushing their own effort to overturn the waiver. Representative Kevin Kiley of California has introduced resolutions targeting all three California-specific waivers approved under the Biden administration, including one requiring half of all new heavy-duty trucks to be electric by 2035. But they’re racing against the clock: the CRA only gives Congress 60 days from when a rule is finalized to act.

“The Newsom Administration’s irrational plan to ban gas-powered cars and trucks is an affront to the freedom of Californians and an economic burden to the whole country,” Kiley said.

Final thoughts

Though technically state-level, California’s vehicle emissions policies have national — and even global — implications due to the size of its economy and auto market. Critics argue that the state’s policies impose de facto national standards. But two Government Accountability Office decisions have rejected that interpretation, saying California’s waivers don’t count as federal rules subject to CRA oversight.

Still, groups like the American Energy Alliance aren’t backing down. “We fully expect [Republicans] to move forward,” said Thomas Pyle, the group’s president. Whether or not future challenges stick, California’s EV plan survives — for now.