Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision".
- Bill Number
- H.J.Res. 88
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Became Law
- Became Law
- Public Law 119-16
- Latest Action
- 2025-06-12: Became Public Law No: 119-16.
- Last Updated
- 2026-07-10T15:38:29Z
AI-Generated Summary
Purpose of the Legislation
This joint resolution, H.J. Res. 88, uses the Congressional Review Act (a law allowing Congress to review and overturn federal agency rules) to disapprove a specific decision by the Environmental Protection Agency (EPA). The goal is to block the EPA's approval of California's stricter vehicle emissions standards, ensuring the federal rule granting that approval has no legal effect.
Key Provisions
- Disapproval of EPA Rule: The resolution explicitly disapproves the EPA's "Notice of Decision" titled "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption," published in the Federal Register on January 6, 2025 (90 Fed. Reg. 642).
- Nullification: The disapproved rule is declared to have "no force or effect," meaning it cannot be enforced or implemented.
- Congressional Authority: Passed by both the House and Senate during the 119th Congress's first session, it invokes Chapter 8 of Title 5 of the U.S. Code, which outlines the process for congressional disapproval of agency actions.
Significant Changes to Existing Law
- Overrides EPA Waiver: Under the Clean Air Act, the EPA can grant California a "waiver of preemption" (permission for the state to enforce vehicle pollution standards stricter than federal ones). This resolution reverses a recent EPA waiver for California's "Advanced Clean Cars II" program, which promotes zero-emission vehicles like electric cars.
- Limits State Flexibility: It reinstates federal preemption over state motor vehicle emissions rules for this specific program, preventing California (and up to 17 other states that often adopt its standards) from moving forward without further federal approval.
- No New Laws Created: This does not amend broader statutes like the Clean Air Act but uses an existing review mechanism to block implementation of the waiver.
Potential Impacts
- On Government Agencies: The EPA loses authority to enforce the waived standards, potentially requiring it to revisit or defend similar future waivers. It may strain federal-state relations on environmental enforcement.
- On Citizens: Residents in California and adopting states could face delays in accessing cleaner vehicles and improved air quality, as the program aimed to reduce greenhouse gas emissions and promote electric vehicle adoption by 2035.
- On International Relations: Minimal direct impact, though it could affect U.S. auto manufacturers' global competitiveness in clean vehicle technology, indirectly influencing trade discussions on environmental standards.
- Broader Environmental Effects: Slows progress toward national emissions reductions, as the program targeted advanced clean car technologies to combat climate change.
Main Stakeholders Affected
- Environmental Protection Agency (EPA): Directly impacted as the rule's issuer; must comply with the disapproval.
- State of California and Adopting States: California, along with states like New York and Oregon that follow its vehicle standards, loses the ability to implement the Advanced Clean Cars II rules without new waivers.
- Automobile Industry: Manufacturers (e.g., Ford, GM, Tesla) face reduced pressure for rapid shifts to zero-emission vehicles, potentially lowering short-term costs but affecting long-term innovation.
- Environmental and Public Health Groups: Organizations like the Sierra Club or American Lung Association may see setbacks in air quality improvements, impacting communities with high pollution levels.
- General Public and Consumers: Affects vehicle buyers and drivers in regulated states, potentially delaying incentives for electric vehicles and related infrastructure.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Reinforces the Congressional Review Act's role in checking executive branch actions, setting a precedent for quick congressional overrides of agency rules (typically within 60 legislative days of submission). It could lead to litigation if stakeholders challenge the disapproval's scope under the Clean Air Act.
- Constitutional Implications: Highlights the balance of powers between Congress, the executive (via EPA), and states; the waiver process stems from Congress's delegation of authority to California in the Clean Air Act, but this resolution asserts federal legislative supremacy.
- Political Implications: Reflects partisan divides on environmental regulation, with potential to influence future debates on climate policy. As an enrolled bill from the 119th Congress (starting in 2025), it underscores Congress's ability to shape agency decisions amid shifting administrations, without requiring presidential approval if passed by veto-proof margins.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (41)
Rep. LaMalfa, Doug [R-CA-1], Rep. James, John [R-MI-10], Rep. Fulcher, Russ [R-ID-1], Rep. Obernolte, Jay [R-CA-23], Rep. Kiley, Kevin [R-CA-3], Rep. McClain, Lisa C. [R-MI-9], Rep. Palmer, Gary J. [R-AL-6], Rep. Sessions, Pete [R-TX-17], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Balderson, Troy [R-OH-12], Rep. Rulli, Michael A. [R-OH-6], Rep. Webster, Daniel [R-FL-11], Rep. Bice, Stephanie I. [R-OK-5], Rep. Dunn, Neal P. [R-FL-2], Rep. Harshbarger, Diana [R-TN-1], Rep. Flood, Mike [R-NE-1], Rep. Grothman, Glenn [R-WI-6], Rep. Latta, Robert E. [R-OH-5], Rep. Goldman, Craig [R-TX-12], Rep. Gooden, Lance [R-TX-5], Rep. Huizenga, Bill [R-MI-4], Rep. Babin, Brian [R-TX-36], Rep. Hunt, Wesley [R-TX-38], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Williams, Roger [R-TX-25], Rep. Mann, Tracey [R-KS-1], Rep. Bentz, Cliff [R-OR-2], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Crenshaw, Dan [R-TX-2], Rep. Pfluger, August [R-TX-11], Rep. Hill, J. French [R-AR-2], Rep. Moore, Tim [R-NC-14], Rep. Baumgartner, Michael [R-WA-5], Rep. Fong, Vince [R-CA-20], Rep. Messmer, Mark [R-IN-8], Rep. Ogles, Andrew [R-TN-5], Rep. Yakym, Rudy [R-IN-2], Rep. Tenney, Claudia [R-NY-24], Rep. Kelly, Mike [R-PA-16], Rep. Griffith, H. Morgan [R-VA-9]
Recent Actions
- 2025-06-12: Became Public Law No: 119-16.
- 2025-06-12: Became Public Law No: 119-16.
- 2025-06-12: Signed by President.
- 2025-06-12: Signed by President.
- 2025-06-06: Presented to President.
- 2025-06-06: Presented to President.
- 2025-05-23: Message on Senate action sent to the House.
- 2025-05-22: Passed Senate without amendment by Yea-Nay Vote. 51 - 44. Record Vote Number: 277. (Roll call 277)
- 2025-05-22: Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 51 - 44. Record Vote Number: 277. (Roll call 277)
- 2025-05-22: Considered by Senate. (consideration: CR S3101)
- 2025-05-21: Measure laid before Senate by motion. (consideration: CR S3052)
- 2025-05-21: Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 51 - 46. Record Vote Number: 276. (Roll call 276)
- 2025-05-21: Received in the Senate, read twice.
- 2025-05-01: Motion to reconsider laid on the table Agreed to without objection.
- 2025-05-01: On passage Passed by the Yeas and Nays: 246 - 164 (Roll no. 114). (text: 04/30/2025 CR H1749) (Roll call 114)
Bill Versions
- Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision". — issued 2025-05-01 — PDF (4 pages)
- Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision". — issued 2025-05-30 — PDF (1 pages)
- Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision". — issued 2025-04-02 — PDF (2 pages)
- Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision". — issued 2025-05-21 — PDF (2 pages)