Larisa Manescu, larisa.manescu@sierraclub.org
WASHINGTON, D.C. – The House of Representatives just passed three Congressional Review Act (CRA) resolutions introduced by House Republicans to repeal three California clean vehicle waivers: Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty low-NOx Omnibus.
The EPA granted these waivers to California in 2024 through congressionally-granted authority under the Clean Air Act.
Congress cannot revoke these waivers through the CRA because the CRA does not apply to “adjudicatory orders” or “rules of particular applicability” like waivers, as the Government Accountability Office determined in 2023 and recognized again in March. The Senate Parliamentarian also confirmed earlier in April that the waivers are not subject to the CRA.
More than 100 public health and environmental groups sent a letter to Congress last week urging lawmakers to reject these CRA resolutions.
In response, Sierra Club Climate Policy Director Patrick Drupp released the following statement:
“It’s a shame House Republicans are intent on misusing the Congressional Review Act to force more Americans to breathe dirtier air, and so many House Democrats joined them to do so. These lawmakers just sold out communities to the oil and auto industries that spent billions lobbying against these clean vehicle standards. These are misguided attacks on the Clean Air Act that Congress has no business going after. This fight is far from over. The Sierra Club will use every tool at our disposal to hold these lawmakers accountable and protect our air, our health, and our communities.”
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. 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 which 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.