Senate Republicans are considering a vote as early as tomorrow to potentially revoke California’s waiver from the Environmental Protection Agency. This waiver permits the state to enforce stricter vehicle emissions standards than those at the federal level.
Senate Majority Leader John Thune of South Dakota and Senate Majority Whip John Barrasso of Wyoming are spearheading efforts to counter California’s regulations on gas-powered vehicles and emissions. The vote may occur as soon as Wednesday concerning one of three waivers issued by the Environmental Protection Agency under the Biden administration. However, the process could extend over several days, coinciding with California’s Memorial Day period.
Thune anticipates that Democrats might strongly oppose what they perceive as a challenge to the filibuster but described the waiver reconsideration as a unique and limited case. Barrasso has voiced concerns about the economic implications of California’s decision on the broader United States.
Critics highlight that California’s large population and size mean its policies often have significant effects beyond its borders. Senator Shelley Moore Capito, a West Virginia Republican, initiated a resolution in April to reverse the waivers, leading to the current controversy.
The Senate’s procedural expert later indicated that the waivers may not be subject to a 1996 law that allows Congress to review and potentially block new executive branch regulations. Parliamentarian Elizabeth MacDonough, appointed by the late Senate Majority Leader Harry Reid, referenced a Government Accountability Office response that found the waivers differed from other environmental regulations previously overturned by Republicans through the Congressional Review Act.
Senator John Curtis of Utah supports revoking the waivers but expressed concern about the proposed procedure, emphasizing the importance of ensuring they do not set an uncomfortable precedent.
Barrasso stated that the Government Accountability Office holds no veto power over the Senate, while discussion continues regarding the Congressional Review Act and Senate procedures.
Senate Rules Committee Chair Mitch McConnell has dismissed Democratic arguments that bypassing the parliamentarian weakens the filibuster. McConnell’s support for the waiver-blocking votes is considered essential for GOP efforts.
A motion was scheduled to proceed at 11:30 a.m. ET, although official votes have not yet been set. Fox News Digital sought comments from Curtis and California Governor Gavin Newsom. Newsom’s office directed to previous statements highlighting this as a pivotal decision for the Senate regarding American car-industry competitiveness and public health.