A joint resolution providing for 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
- S.J.Res. 45
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-04-04: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-06-09T15:48:01Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 45) aims to overturn a specific rule issued by the Environmental Protection Agency (EPA). The rule in question grants California a waiver from federal preemption (meaning federal law overriding state law) to enforce stricter pollution control standards for motor vehicles and engines under the "Advanced Clean Cars II" program. By disapproving the rule, Congress seeks to prevent these state-level standards from taking effect, using a process called the Congressional Review Act.
Key Provisions
- The resolution explicitly disapproves the EPA rule titled "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision," published in the Federal Register on January 6, 2025 (90 Fed. Reg. 642).
- Once passed, the rule would have no legal force or effect, effectively nullifying the EPA's decision to allow California's standards.
- The resolution was introduced in the Senate on April 4, 2025, by Senator Capito and co-sponsored by 25 other senators, and referred to the Senate Committee on Environment and Public Works.
Significant Changes to Existing Law
- This resolution would reverse the EPA's waiver under the Clean Air Act, which normally allows the federal government to preempt (block) state environmental rules unless a waiver is granted. By disapproving the waiver, it restores federal preemption, preventing California—and any states adopting its standards—from implementing the Advanced Clean Cars II requirements.
- It invokes Chapter 8 of Title 5 of the U.S. Code (the Congressional Review Act), a law that lets Congress quickly review and block recent agency rules without needing presidential approval if passed by both chambers and after a simple majority vote.
Potential Impacts
- On Government Agencies: The EPA's ability to grant waivers for state environmental standards could be undermined, potentially leading to more congressional oversight of similar future decisions. It may also strain relations between federal and state environmental regulators.
- On Citizens: Residents in California and other states could face delays in adopting cleaner vehicle technologies, such as increased electric vehicle requirements and reduced greenhouse gas emissions from cars. This might slow improvements in air quality but could lower short-term costs for gasoline-powered vehicles.
- On International Relations: Minimal direct impact, though it could affect U.S. auto industry competitiveness in global markets focused on emissions standards, as California's program aligns with international efforts to reduce vehicle pollution.
Main Stakeholders Affected
- California and Adopting States: Governments and residents who rely on the waiver to enforce tougher emissions rules, including environmental advocates pushing for reduced pollution and electric vehicle adoption.
- Automobile Manufacturers and Industry Groups: Companies producing vehicles, who may benefit from uniform federal standards but face compliance costs from varying state rules; some support the disapproval to avoid fragmented regulations.
- Environmental and Public Health Organizations: Groups opposing the resolution, as it could hinder progress on climate change and air quality goals.
- Congressional Sponsors: Primarily Republican senators, representing interests in energy production and manufacturing states that view the waiver as overly burdensome regulation.
- Federal Agencies: The EPA, whose rulemaking authority is directly challenged.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on the Congressional Review Act, which provides a limited window (typically 60 legislative days) for Congress to disapprove rules, bypassing standard legislative hurdles. If enacted, it sets a precedent for congressional intervention in EPA waiver decisions under the Clean Air Act.
- Constitutional: Touches on federalism—the balance between federal and state powers—by reinforcing federal authority over interstate commerce and environmental regulation, potentially limiting states' rights to address local pollution issues.
- Political: Highlights partisan divides on environmental policy, with the resolution serving as a tool to roll back Biden-era (or similar) regulations favoring clean energy transitions, possibly influencing future debates on vehicle emissions and climate action.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Capito, Shelley Moore [R-WV]
Cosponsors (31)
Sen. Fischer, Deb [R-NE], Sen. Mullin, Markwayne [R-OK], Sen. Cramer, Kevin [R-ND], Sen. Ricketts, Pete [R-NE], Sen. Sullivan, Dan [R-AK], Sen. Lummis, Cynthia M. [R-WY], Sen. Wicker, Roger F. [R-MS], Sen. Ernst, Joni [R-IA], Sen. Justice, James C. [R-WV], Sen. Kennedy, John [R-LA], Sen. Budd, Ted [R-NC], Sen. Blackburn, Marsha [R-TN], Sen. Scott, Rick [R-FL], Sen. Moran, Jerry [R-KS], Sen. Cruz, Ted [R-TX], Sen. Crapo, Mike [R-ID], Sen. Tuberville, Tommy [R-AL], Sen. Cotton, Tom [R-AR], Sen. Hagerty, Bill [R-TN], Sen. Moreno, Bernie [R-OH], Sen. Barrasso, John [R-WY], Sen. Risch, James E. [R-ID], Sen. Marshall, Roger [R-KS], Sen. Hoeven, John [R-ND], Sen. Curtis, John R. [R-UT], Sen. Young, Todd [R-IN], Sen. Lee, Mike [R-UT], Sen. Husted, Jon [R-OH], Sen. Daines, Steve [R-MT], Sen. Cornyn, John [R-TX], Sen. Lankford, James [R-OK]
Recent Actions
- 2025-04-04: Read twice and referred to the Committee on Environment and Public Works.
- 2025-04-04: Introduced in Senate
Bill Versions
- Providing for 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 2025-04-04 — PDF (2 pages)