California is once again bracing for a legal showdown with the federal government, this time to defend its long-standing authority to set its own vehicle emissions standards.
On Thursday, Senate Republicans voted 51-44 to revoke California’s waiver under the Clean Air Act, an exception granted more than 100 times over five decades that has allowed the state to enact stricter vehicle pollution standards than those set by the federal government. The decision also impacts California’s ability to enforce higher standards for medium- and heavy-duty trucks.
Calling the vote a “reckless misuse” of legislative tools, Bonta accused lawmakers of weaponizing the Congressional Review Act (CRA)—a rarely used mechanism allowing Congress to overturn federal regulations with a simple majority. “California will not stand idly by,” Bonta said in a statement to TechCrunch. “The weaponization of the Congressional Review Act to attack California’s waivers is just another part of the continuous, partisan campaign against California’s efforts to protect the public and the planet from harmful pollution.”
The CRA move bucks both legal and procedural precedent. The Senate parliamentarian and the Government Accountability Office had previously determined the waiver was not subject to repeal through this mechanism. Yet the Senate pressed forward, sparking outrage among environmentalists and California officials alike.
At stake is California’s aggressive climate policy, particularly its Zero-Emissions Vehicle (ZEV) mandate. Beginning in 2026, the state plans to gradually phase in requirements for automakers to increase the percentage of ZEV sales, reaching a full transition by 2035. The two technologies that meet this standard—battery electric vehicles and hydrogen fuel cell vehicles—have seen uneven growth, with EVs emerging as the primary solution.
Despite automaker concerns about the feasibility of the timeline—some have called the 2026 target of 35% ZEV sales “impossible”—California has made significant progress. In 2023, ZEVs accounted for 25.3% of new light-duty vehicle sales in the state, though growth plateaued in 2024.
California’s influence extends beyond its borders. Sixteen other states and the District of Columbia adhere to its emissions standards, many of which have adopted similar phase-out timelines for fossil fuel vehicles. Rolling back the waiver doesn’t just impact California—it affects a swath of the country working toward aggressive climate goals.
Bonta had warned of this possibility earlier in March, saying the state was “prepared to defend ourselves if [the CRA] is wrongfully weaponized.” Now, with the Senate’s vote finalized, that legal battle is imminent.
