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California’s 2035 gas car ban under attack as Senate moves to kill emissions rules

Jacob Shelton May 21, 2025

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(Image Credit: IMAGN) This Tesla Model 3 sedan, owned by a Silicon Valley resident and rented out on peer-to-peer site Turo, represents the company's attempt to move electric vehicles into the mainstream market.

Washington D.C. – This week, the U.S. Senate is poised to vote on a Republican-led effort to block California from enforcing its own tough vehicle emissions standards, including a first-in-the-nation plan to phase out the sale of new gas-powered cars by 2035.

Senate Majority Whip John Thune (R-S.D.) announced Tuesday that the chamber will begin considering three House-passed resolutions to overturn the California rules. Final votes could take place before the end of the week.

The resolutions seek to nullify California regulations that target tailpipe emissions from gas-powered cars, trucks, and heavy-duty vehicles, including a phased ban on new gas vehicle sales and limits on nitrogen oxide pollution. Republicans are using the Congressional Review Act (CRA), which allows Congress to reverse specific regulatory actions by federal agencies with a simple majority vote.

“This is an improper expansion of the Clean Air Act,” Thune said. “These rules endanger consumers, threaten our energy security, and risk ceding the auto industry to China.”

California has long held the authority to set stricter vehicle emissions standards than the federal government under a Clean Air Act waiver. The Trump administration revoked that waiver in 2019, but the Biden administration restored it in 2022, paving the way for California’s ambitious transition to zero-emission vehicles.

More than a dozen states have pledged to follow California’s lead. However, critics—including many Republicans—argue that California’s policies set a de facto national standard, which they say could drive up vehicle costs and strain energy infrastructure.

Democrats sharply criticized the Senate’s move, with several calling the CRA inappropriate. Senate Majority Leader Chuck Schumer (D-N.Y.) blasted Republicans for bypassing the advice of the Senate Parliamentarian and forcing a simple-majority vote on a measure that could have sweeping implications.

“Legislation to repeal these waivers should be subject to a 60-vote threshold,” Schumer said. “This is a reckless use of power.”

California Sen. Alex Padilla said he would place holds on four Environmental Protection Agency (EPA) nominees in response to what he called a “reckless attack” on California’s clean air standards.

Governor Gavin Newsom condemned the GOP push, invoking Republican presidents who supported environmental protections. “The Senate has a choice: cede American car-industry dominance to China and clog our children’s lungs, or follow decades of precedent,” Newsom said.

Despite warnings from the Government Accountability Office and concerns from some Republicans, Thune insisted the process was valid and that Democrats were being hypocritical. “We are preserving the Senate’s prerogatives—not eroding them,” he said.

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