An electric car charges at an EV charging station in Oklahoma City, Tuesday, Nov. 19, 2024.
Washington D.C. – The U.S. Senate on Wednesday advanced a measure that could derail California’s ambitious plan to ban the sale of new gas-powered vehicles by 2035, after Republicans employed an unusual procedural tactic to bypass the chamber’s traditional 60-vote filibuster threshold.
The move came amid fierce opposition from Democrats, who accused Republicans of undermining Senate norms and interfering in state policy to benefit the fossil fuel industry.
At the heart of the dispute is California’s use of a federal waiver granted by the Environmental Protection Agency at the end of the Biden administration, allowing the state to set stricter vehicle emissions standards than the national baseline. Under the Congressional Review Act (CRA), Congress can strike down federal regulations with a simple majority vote—but legal and procedural experts had advised that the CRA did not apply to waivers like California’s.
Despite this guidance from the Government Accountability Office and the Senate parliamentarian, Republicans declared the situation “novel” and asserted the Senate’s right to interpret its own rules. By framing the vote to protect the CRA’s authority, Republicans avoided directly overruling the parliamentarian—a move that could have further fractured Senate norms.
“This week, the Senate must decide: Do we uphold our rights under the Congressional Review Act? Or do we give G.A.O. a veto over it now and forever?” said Sen. John Barrasso (R-Wyo.), a lead sponsor of the effort.
Sen. John Thune (R-S.D.), the Senate majority leader, defended the strategy, saying it was appropriate for the Senate to speak as a body when precedent was lacking. The chamber voted repeatedly to override Democratic objections.
California Democrats were outraged. Sen. Alex Padilla said Republicans were “putting the wealth of the big oil industry over the health of our constituents.” At the same time, Sen. Adam Schiff criticized the move as a betrayal of the GOP’s legacy on environmental issues and states’ rights.
Senate Majority Leader Chuck Schumer (D-N.Y.) warned that Republicans had crossed a dangerous line. “By weaponizing the CRA, Republicans tonight cross a point of no return,” he said. “They’re eroding the filibuster and undermining the Senate.”
The measure was already approved by the House earlier this month with some Democratic support, and it is now being sent to the Senate.
Democrats now worry the maneuver could become a blueprint for bypassing the filibuster on future legislation, particularly on contentious issues like taxes and spending.
