Most of the press missed it, but the new head of the EPA, Lee Zeldin, sent the California Clean Air waiver to Congress late Friday for the House to repeal. SEMA published a press release in support of this move on Friday.

President Trump campaigned on eliminating electric-vehicle mandates and bringing down prices. Republicans in Congress now have an opportunity to do both by overturning California’s powerful EV regime.

Lawmakers have a unique opportunity to make things right with the American people, and use their powers to halt EV mandates.

How? Under the Congressional Review Act (CRA) a simple majority of both chambers can overturn a regulation with a President’s signature. Passing a CRA resolution would be quicker than reversing the rule administratively.

On February 15, 2025, Lee Zelden, Chair of the Environmental Protection Agency (EPA) sent the California’s Clean Air Act waiver (which is directly connected to the Advanced Clean Cars II regulation) to Congress for review. This is great news and has support from many groups including the Specialty Equipment Market Association (SEMA), on behalf of its members from the automotive aftermarket and the nation’s community of automotive enthusiasts. They urged federal lawmakers to swiftly strike down the waiver using their authority under the Congressional Review Act. You can contact your elected congressman to support the repeal of California powers.

The CRA states that if this is passed, the EPA and federal government cannot re-attempt to approve this rule. The process allows the vote to come to the floor in an expedited fashion, forcing all members to go on the record with their votes. If Congress votes to undo a rule, the agency cannot propose a similar regulation. It would require an act of congress to override the CRA.

The EPA has reviewed the policy and due to its broad applicability to the nation’s economy and individual freedoms. The Clean Air Act lets the Environmental Protection Agency grant such a waiver only to meet “compelling and extraordinary conditions.” This waiver authority was intended to help California reduce pollutants that contribute to smog. But since they have been granted more power from the Obama and Biden administrations this is the perfect example of giving an agency too much power.

CO2 doesn’t directly cause smog, and California doesn’t have any significant need to regulate vehicle greenhouse-gas emissions than any other state. Regardless, the Biden EPA approved the state’s ban on new internal-combustion engine cars by 2035 and progressive “zero-emission vehicle” quotas for auto makers.

During the November election, voters resoundingly rejected candidates who support electric vehicle mandates, only to see their voice suppressed in the final days of the Biden administration when a waiver was granted to California to prop up its radical, economy-killing Advanced Clean Cars I policy. 

Congress has the opportunity to make right by the American people,” said Mike Spagnola, president and CEO of SEMA. “SEMA calls on lawmakers from both sides of the aisle to use their Congressional Review Act authority to stand up for American ingenuity and innovation, for the power of the free market, and for the individual freedoms of people to choose which vehicle is right for their lifestyle and needs Congress must reject the Advanced Clean Cars II.”

American Fuel & Petrochemical Manufacturers (AFPM) President and CEO Chet Thompson stated, “California’s ban on sales of new gas, diesel and traditional hybrid vehicles is unlawful and will impact our entire country. If allowed to stand, millions of Americans will lose the ability to buy the car or truck of their choosing, and all of us will pay a price for this policy in the form of more expensive vehicles, higher electricity costs and compromised U.S. energy security…

The previous administration waited until after the election to greenlight California’s ban, knowing it was wildly unpopular with the American people. Congress must stand up for consumers, the U.S. economy and national security and use its Congressional Review Act authority to overturn EPA’s power grabbing attempt to let California tell the rest of the country what we can and can’t drive.”

The government needs to allow consumers choose what they want to drive. And car makers will make what they can sell, not what the government mandates.

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