GOP Faces Internal Struggle Over California EV Mandate

Clear Facts

• Senate Republicans are planning a vote to overturn California’s electric vehicle (EV) mandate, but face potential opposition from moderate GOP senators.
• The Congressional Review Act (CRA) process is being used to attempt to reverse the California waivers, with a deadline in early June.
• California’s EV mandate could potentially influence national vehicle standards, affecting 40% of Americans.

Senate Republicans are gearing up for a crucial vote aimed at dismantling California’s stringent electric vehicle (EV) mandate. This move, however, is not without its challenges, as resistance from moderate members within their own ranks could stall the effort.

Senate Majority Whip John Barrasso has announced that the Senate will address the Biden-era Environmental Protection Agency (EPA) waivers this week. These waivers permit California to prohibit the sale of new gas-powered vehicles by 2035 and mandate zero-emission trucks. While many GOP senators have expressed their support for revoking these waivers, key swing votes are hesitant due to procedural concerns.

The GOP is racing against an early June deadline to use the Congressional Review Act (CRA) to overturn the California waivers. This legislative tool allows Congress to nullify recently issued regulations within a 60-day window by a simple majority vote. The resolutions have already passed in the House with bipartisan backing.

Senate Majority Leader John Thune has reiterated the urgency of this vote, emphasizing the need to overturn what he describes as California’s “radical and impractical electric vehicle mandate.” Thune, along with Senate Environment and Public Works Committee Chair Shelley Moore Capito, engaged in discussions with four GOP senators who are considered swing votes.

Despite the Republican majority, the outcome is uncertain. Thune can afford to lose up to three GOP votes, assuming all other Republicans vote in favor and Vice President JD Vance provides a tie-breaking vote.

Senators Susan Collins and Lisa Murkowski, who attended the meeting, have not disclosed their stance on the issue. However, Murkowski voiced her concerns about the impact of California’s vehicle emission standards on her home state of Alaska.

“We’re working with everybody to make sure that Alaska is not going to be set up with those [vehicle emission rules],” Murkowski stated.

Senator John Curtis of Utah, another potential swing vote, declined to comment on his position after the meeting. Previously, Curtis had expressed an interest in “undoing the waivers” but wanted more information on the precedent it might set.

The Senate parliamentarian, Elizabeth MacDonough, has affirmed that the California waivers are not subject to the CRA, a decision that complicates the GOP’s efforts. Democrats argue that this vote could effectively bypass the Senate’s 60-vote threshold for passing most legislation.

In response, Barrasso has defended the GOP’s right to reverse these waivers, stating, “Historically an agency’s declaration that its action is a rule has never been questioned.”

Critics of the EPA waiver argue that allowing California to set such standards effectively lets it dictate national policy. Barrasso highlighted that “Roughly 40% of Americans, or 133 million people, are subject to California’s EV mandate.”

The influence of California’s market share could compel automakers to phase out gas-powered cars nationwide. General Motors, a major EV producer, is reportedly lobbying senators to support the overturning of the waivers.

“Car makers don’t make one type of car for California and another type of car for the other 49 states,” wrote Steve Milloy, a senior fellow at the Energy & Environment Legal Institute. “There is genuine concern that California’s EV mandate would become a de facto national mandate.”

Since January, GOP senators have successfully reversed at least 14 Biden administration rules using the CRA, showcasing their commitment to challenging regulatory overreach.

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