Sierra Club Statement: Congress Legally Can’t Repeal California Clean Vehicle Waivers

WASHINGTON, D.C. - Late last night, House Republicans Rep. John Joyce (R-PA), John James, (R-MI), and Jay Obernolte (R-CA), introduced resolutions of disapproval under the Congressional Review Act (CRA) to repeal three California clean vehicle waivers: Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty low-NOx Omnibus.

The Environmental Protection Agency has granted these waivers to California.

Congress cannot revoke these waivers through the Congressional Review Act because the CRA does not apply to "adjudicatory orders" or "rules of particular applicability" like waivers, as the Government Accountability Office determinedin 2023 and recognizedagain in March.

In response, Sierra Club Climate Policy Director Patrick Drupp released the following statement:

"Repealing these clean vehicle waivers through the Congressional Review Act would establish a dangerous precedent of Congress abusing its power and ignoring its own rules, opening the door for future abuse on a range of important issues. We urge House Representatives to nip it in the bud and vote no on these legally baseless bills."

Background on the clean vehicle waivers:

All three waivers help to improve air quality for Californians, as well as for residents in many other states that have adopted the programs as well. See Sierra Club's state tracker here.

Advanced Clean Cars II:The ACC II waiver allows California to enforce vehicle emission standards stronger than the federal government's that the state needs to comply with federal air quality standards and curb health-harming vehicle pollution for its residents. California has severe problems meeting the federal ozone air quality standards, and reducing vehicle pollution is essential since vehicles are the largest source of ozone precursors in the State. Twelve other states and the District of Columbia have adopted the program as well under the authority of the Clean Air Act.

Advanced Clean Trucks: The ACT waiver requires manufacturers to increasingly sell a certain number of zero-emission trucks and buses in California, ramping up gradually over time to reach 40-75% sales requirement for zero-emission trucks and buses in 2035. Ten other states have adopted the program as well.

Heavy-Duty low-NOx Omnibus: The HDO program helps to cut smog-forming nitrogen oxides from heavy-duty vehicles in California by setting more stringent air pollution emissions standards (eventually requiring a 90% cut in NOx emissions from model year 2027 engines), improving testing requirements for engines, and extending engine warranties. Nine other states have adopted the program as well.

About the Sierra Club

The Sierra Club is America's largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.