Senate Republicans boldly overruled the Government Accountability Office’s legal guidance, forcing a vote that successfully overturned California’s strict vehicle emissions standards despite accusations they’re undermining the filibuster and federal oversight protocols.
Key Takeaways
- Senate Republicans used the Congressional Review Act to revoke California’s vehicle emissions standards with a simple majority vote of 51-44, bypassing the usual 60-vote threshold
- The Government Accountability Office (GAO) is facing accusations of partisan bias after it claimed the emissions waiver couldn’t be reversed through the CRA
- Senate Majority Leader John Thune and other Republicans argue the GAO is overstepping its authority and attempting to veto Congressional power
- California’s emissions standards would have mandated reducing emissions from medium and heavy-duty vehicles and phasing out gas-powered cars by 2035
- California Governor Gavin Newsom and Attorney General Rob Bonta have announced plans to sue the federal government over the vote
Republicans Challenge GAO Authority Over Emissions Regulations
Senate Republicans have successfully voted to overturn California’s strict vehicle emissions standards, directly challenging the Government Accountability Office’s determination that such action wasn’t permitted under the Congressional Review Act. The vote passed 51-44 along party lines, with Democratic Senator Elissa Slotkin joining Republicans in opposition to California’s regulations. The disputed emissions standards would have allowed California to reduce emissions from medium and heavy-duty vehicles and completely phase out gas-powered cars by 2035, affecting not just California but potentially creating a de-facto national electric vehicle mandate as other states adopt similar standards.
“The Environmental Protection Agency submitted these rules as rules to Congress this year after being released by the Biden administration in its last days in office. That is a fact. Under the Congressional Review Act, that makes them subject to review. Period. End of story. The GAO has no veto power over the Senate. Not from the Congressional Review Act. Not under Senate Rules. Not under Senate precedent,” said Senate Majority Whip John Barrasso (R-Wyo.)
The dispute centres on whether California’s emissions waiver constitutes a “rule” under the Congressional Review Act. Republicans maintain the EPA submitted the waivers to Congress as rules, making them eligible for CRA review, while the GAO contended they did not qualify as rules and therefore couldn’t be overturned through this mechanism. This procedural battle represents a significant escalation in the ongoing power struggle between Congress and federal oversight agencies, with Republicans accusing the GAO of partisan behaviour that undermines legislative authority.
Democrats Cry Foul Over “Nuclear Option” Tactics
Democrats have reacted with outrage to the Republican manoeuvre, accusing their colleagues of undermining the Senate filibuster by employing a simple majority vote instead of the traditional 60-vote threshold typically required for most legislative action. Senate Minority Leader Chuck Schumer characterized the move as “going nuclear,” expressing concern about the precedent it sets for future Senate procedure. California Democrats were particularly incensed, viewing the vote as a direct attack on state governance and environmental protection efforts that have been in place for decades.
“Ahead of the vote, Senate Minority Leader Chuck Schumer, a New York Democrat, called it ‘the nuclear option,'” said Chuck Schumer.
California has historically been granted over 100 waivers under the Clean Air Act, which have resulted in significantly cleaner vehicles according to environmental advocates. California Governor Gavin Newsom and Attorney General Rob Bonta have announced plans to sue the federal government over the vote, setting up yet another legal battle between the Biden administration and Republican-led initiatives. The revocation could impact numerous other states that have adopted California’s vehicle standards, creating a ripple effect throughout national emissions policy.
Growing Concerns About GAO Impartiality
Senate Republicans are raising serious questions about the GAO’s impartiality, pointing to what they see as a pattern of partisan decisions that favor Democratic policy priorities. The GAO, established in 1921 as a nonpartisan agency to audit the federal government for waste, inefficiency, and legal compliance, now faces unprecedented scrutiny over its role in federal oversight. Senate Majority Leader John Thune and other Republican senators have criticized the agency for bias and for undermining Congress’s constitutional authority through its disputed legal interpretations.
“The question before the body is, is the GAO going to decide this or not?” said Senate Majority Leader John Thune (R-S.D.)
This isn’t the first time the GAO has faced accusations of partisanship. During President Trump’s first term, the White House criticized the agency after it reported that Trump’s withholding of funding to Ukraine violated the law—a report requested by Democratic Senator Chris Van Hollen. The automotive aftermarket sector has voiced support for revoking the waivers, citing potential economic benefits, while environmental groups express deep concern that using the Congressional Review Act in this manner could undermine California’s pollution control efforts and set a dangerous precedent for nullifying other executive actions that protect the environment.
