Rep. Troy E. Nehls Reintroduces Bill to Repeal California’s Emissions Waiver Exemption

WASHINGTON, D.C. -Today, Congressman Troy E. Nehls (R-TX-22) reintroduced the Stop California from Advancing Regulatory Burden (CARB) Act of 2025. Senator Mike Lee (R-UT) is leading the Senate companion to this legislation.

In 1970, Congress passed the Clean Air Act, which authorized the Environmental Protection Agency (EPA) to establish air quality standards and issue vehicle standards. Through the CAA, the state of California was granted the ability to issue its own air quality and emission standards if the state-issued standards were more stringent than the EPA's. The state of California, through its California Air Resources Board (CARB), can apply for waivers from the CAA standards, which allow the state to preempt federal regulations in California to force gas-powered vehicles off the roads, force diesel locomotive engines off the rails, and regulate the sale of farming and construction equipment. CARB has over 100 active waivers that set higher emissions standards than the EPA.

Further, the CAA allows other states to adopt California emission standards. Seventeen states and the District of Columbia have adopted some subset of California's emissions standards. Unfortunately, private businesses have no choice but to alter their business plans to comply with CARB standards or risk their ability to conduct business in those states, which altogether accounted for 40.2% of new light-duty vehicle registrations and 25.5% of new heavy-duty vehicle registrations in 2023.

"The radical liberal state of California should never be able to govern for our great state of Texas," said Congressman 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."

"California has abused the Clean Air Act's waiver provision for years, essentially imposing ridiculous emission standards on the other 49 states," said Senator Lee. "Fortunately, the rest of the country isn't governed by far-left extremists like California, and we shouldn't have to answer to them. By putting an end to this overreach, our legislation will keep costs lower for hardworking American families, increase consumer choice, and restore economic freedom."

The Stop CARB Act would:

• Repeal California's waiver exemption in Section 209 of the CAA;
• Repeal Section 177 of the CAA, preventing other states from adopting California's emissions standards; and
• Clean up references to the waiver in other statutes.

Cosponsors of the Stop CARB Act include Representatives Lauren Boebert (R-CO-04), Wesley Hunt (R-TX-38), Scott Perry (R-PA-10), Eric Burlison (R-MO-07), Pete Sessions (R-TX-17), and Derrick Van Orden (R-WI-03).

Supportive organizations include the American Petroleum Institute, Association of American Railroads, American Short Line and Railroad Association, American Fuel and Petrochemical Manufacturers, and the Competitive Enterprise Institute.