Senate Sell Outs Americans to Polluters, Unraveling Clean Air Act Protections & Setting Dangerous Precedent

WASHINGTON, D.C. –  In an unprecedented move, the Senate today passed Congressional Review Act (CRA) resolutions introduced by Senate Republicans to repeal three California clean vehicle programs: Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty low-NOx Omnibus.

All three resolutions passed the Senate today with universal Republican support. Senate Democrat Elissa Slotkin voted with Republicans on ACC II. 

The EPA granted waivers to California for these three programs in 2024 through congressionally-granted authority under the Clean Air Act. For nearly 50 years, California has had the authority to establish vehicle pollution standards that are more protective than the federal standards, and states have had the explicit right granted under the Clean Air Act to protect their residents’ health by choosing California’s standards.  

The Senate’s move is an unlawful use of the CRA, and inconsistent with decades of precedent, decisions by the Government Accountability Office, and the Senate Parliamentarian. 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 CRA cannot be used to repeal the waivers.

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

“Senate Republicans just launched an assault on clean air with the help of Big Oil and truck and car manufacturers. These destructive corporate polluters are intent on overwhelming Americans with health-threatening vehicle pollution for decades to come. Republicans took up these unprecedented votes by going nuclear, and disregarding their own rules, all because the fossil fuel industry and automakers like GM and Toyota lobbied for this dangerous action. The fact remains that states have the legal right under the Clean Air Act to protect their residents from vehicle pollution. 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 programs: 

All three programs 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 program 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 program 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.