The U.S. House of Representatives is preparing to vote on overturning California’s ban on new gas-powered vehicle sales, a regulation approved during the Biden administration. This legislative move targets the Environmental Protection Agency’s (EPA) waiver that allowed California to enforce stricter emissions standards than federal guidelines.
However, the Government Accountability Office (GAO) has stated that, under the Congressional Review Act, Congress lacks the authority to overturn this waiver, as it was issued as a notice or order, not a rule.
Despite the GAO’s position, House Majority Leader Steve Scalise (R-LA), confirmed that the vote will proceed. House Oversight Chair James Comer (R-KY), and Energy and Commerce Chair Brett Guthrie (R-KY), have criticized the GAO’s interpretation, arguing it undermines congressional oversight and could discourage agencies from adhering to the Congressional Review Act’s requirements.
Comer and Guthrie wrote to the GAO, stating: “GAO’s decision to publish observations in this matter is inconsistent with its own plain language description of its role in monitoring ‘agency compliance’ with obligations to ‘submit major and non-major rules to Congress and GAO.
“In passing the CRA, Congress intended for GAO to help safeguard congressional authority through published observations on agency attempts to side-step CRA requirements. GAO’s decision to adversely opine on an agency’s efforts to comply with the CRA is a distortion of its role and could make agencies less likely to follow the intent of this important statute in the future.”
This legislative effort reflects ongoing tensions between federal authority and state-level environmental initiatives, with Republicans aiming to curtail what they view as overreach in emissions regulations.
