Last week, the Senate rejected waivers previously granted to California under the Clean Air Act. The Senate vote was conducted under the Congressional Review Act (CRA), although the Senate parliamentarian and the Government Accountability Office rules the waivers did not qualify as a rule under the CRA.
After the votes, California Gov. Gavin Newsom and Attorney General Rob Bonta said they would file a lawsuit to stop the action.
The waivers include the California Air Resource Board’s (CARB) Advanced Clean Trucks regulation and Omnibus Low NOx regulation.
“The Republican-controlled Senate is illegally using the Congressional Review Act (CRA) to attempt to revoke California’s Clean Air Act waivers,” Newsom said, “which authorize California’s clean cars and trucks program. This defies decades of precedent of these waivers not being subject to the CRA.”
Bonta said the Senate’s reckless misuse of the CRA to revoke the waivers is unlawful.
The CARB released new guidance indicating the board would maintain current operations until the dispute is settled.
“Certification for the 2026 model year is well underway,” the CARB said. “Assuming the disputed resolutions are signed by the president, CARB will continue to accept and process certification applications for model year 2026. This is necessary to provide certainty to affected parties and consumers, provide consistent treatment of regulated entities, maintain stability in the market, facilitate meeting the commitments of the Clean Truck Partnership, ensure the requirements of certification are met to enable lawful vehicle sales in California under Health and Safety Code sections 43100 and 43151 through 43153, and continue to implement provisions of California law that are not affected by the resolutions prompting this guidance.”
