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“Often these regulations were part of the Biden administration’s radical climate agenda," Thune said. (Pete Kiehart/Bloomberg)

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WASHINGTON — Senate Republicans are developing a strategy to formally push back on certain Biden-era emissions waivers granted to the state of California.

Claiming California is advancing its own electric vehicle mandate, senior senators are eyeing procedural paths to undo waivers of Environmental Protection Agency regulations granted to the state. But those plans face resistance centered on whether congressional rules permit lawmakers’ chosen path.

The Republican-led House of Representatives has already passed joint resolutions on these policies via the procedural Congressional Review Act, or CRA. Senate Environment and Public Works Committee Chairwoman Shelley Moore Capito (R-W.Va.) praised those House-passed resolutions as important steps toward repeal of California laws intended to advance sales of EVs by curtailing availability in the state of new gas-powered vehicles. The chairwoman is pushing for a vote in the Senate.

“We know these rules would not only eliminate consumer choice, but also create harmful impacts across multiple sectors of our economy that would lead to major job losses felt far outside of California,” Capito said recently. “I continue to work with my colleagues and Senate Republican leadership to address all options available in the Senate to repeal these rules.”

Sen. John Thune (R-S.D.), the chamber’s leader, has echoed his colleagues’ viewpoint. “Often these regulations were part of the Biden administration’s radical climate agenda: Efforts to tie up conventional energy production. Force the widespread adoption of electric vehicles,” the majority leader argued last month.

A Senate vote on the procedural resolutions, however, has yet to be scheduled. Central to the delay is debate over whether use of the CRA is allowed when aiming to overturn a waiver. Its intended purpose has always been focused on overturning approved federal rules. Enactment by the president is also a requisite.

The Senate parliamentarian — in effect the chamber’s rule-keeper — has objected to House Republicans’ use of the CRA to overturn the waiver. Also, in March the Government Accountability Office said the waiver was “not a rule for purposes of [Congressional Review Act].” Essentially, GAO determined that since the waiver was not an official rule, the CRA could not be used to overturn it.

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Senate Democrats, led by Schumer, are ramping up opposition. (Stefani Reynolds/Bloomberg)

Meantime, Senate Democrats have ramped up their opposition. In a May 1 letter to Thune and his leadership team, Minority Leader Chuck Schumer (D-N.Y.) and colleagues highlighted the actions by the GAO and the parliamentarian.

“We understand that some may be considering overruling the parliamentarian’s decision,” Schumer said. “While that might be more expedient than agency rulemaking or considering legislation under the Senate’s normal rules, such an action would be a procedural nuclear option — a dramatic break from Senate precedent with profound institutional consequences.”

Sen. Sheldon Whitehouse (D-R.I.), ranking member on the Environment and Public Works Committee, was a signatory.

“Congress put California’s ability to set vehicle emissions standards in the Clean Air Act, which has already protected generations of Americans from fossil fuel emissions,” Whitehouse said in April. “We’re gratified that the Senate parliamentarian followed decades of precedent showing that California’s Clean Air Act waivers are not subject to the Congressional Review Act.”

California Gov. Gavin Newsom (D) also criticized the House’s vote.

“Big polluters and the right-wing propaganda machine have succeeded in buying off the Republican Party — and now the House is using a tactic that the Senate’s own parliamentarian has said is lawless,” Newsom said. “Our vehicles program helps clean the air for all Californians, and we’ll continue defending it.”

Last month, the House passed resolutions specific to California’s rules to promote zero-emission trucks and engine emission standards. The resolutions’ lead sponsors were Republican Reps. John James of Michigan and Jay Obernolte of California.

“I’m proud that the House passed my resolution to stop California’s unworkable engine emission standards from becoming national policy,” Obernolte said following the House vote. “These regulations would raise costs for consumers, crush small businesses and threaten critical supply chains across the country. It is Congress’ job to ensure that one state’s overreach doesn’t dictate how all Americans live, work or drive.”

was among the stakeholders applauding the House’s votes on the procedural resolutions. “This is not the United States of California,” ATA President Chris Spear said April 30. “California should never be given the keys to set policies that impact our interstate supply chains. The trucking industry is grateful to our congressional leaders who are removing Sacramento [California] from the driver’s seat and restoring common sense to our nation’s environmental policies.”

Spear added: “We look forward to working with Congress and the Trump administration to develop realistic, technology-neutral federal emissions standards that will benefit our environment, preserve and create jobs, and set our industry up for success.”