Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision".
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This joint resolution, now law, nullifies the EPA's January 2025 decision granting California a Clean Air Act waiver for its Advanced Clean Cars II rules, which set stricter tailpipe emissions standards and pushed toward electric vehicle sales targets.
Under the Congressional Review Act, the disapproval strips the waiver of any legal force, effectively blocking California from enforcing its more stringent vehicle emissions program and preventing other states from adopting the same standards under existing law.
What this law does
What it does
The resolution disapproves, under the Congressional Review Act, an EPA notice published January 6, 2025, that granted the California Air Resources Board a Clean Air Act preemption waiver for its Advanced Clean Cars II regulations. Because Congress disapproved the rule, it has no force or effect, meaning the waiver is nullified as though it had never been granted.
The resolution itself does not create new emissions standards or regulatory authority; it only cancels the specific EPA waiver decision. It does not address other EPA rules or waivers, and the Congressional Review Act separately bars EPA from reissuing a substantially similar rule without new statutory authorization.
Key provisions
- 1Disapproves the EPA notice granting California's Advanced Clean Cars II preemption waiver, published at 90 Fed. Reg. 642.
- 2Declares that the disapproved EPA waiver rule shall have no force or effect.
Who is affected
The California Air Resources Board and California, whose Advanced Clean Cars II program loses its federal preemption waiver; automakers selling vehicles in California and other states that had adopted California's standards; and the Environmental Protection Agency, which issued the now-nullified waiver decision.
Why it matters
Without the waiver, California cannot enforce its stricter vehicle emissions and electric-vehicle sales requirements, and other states that align their standards with California's under the Clean Air Act lose that legal basis too. Automakers face a different, likely less stringent, national regulatory landscape for emissions compliance.
What changed
Changes to existing law
Repeals California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision (90 Fed. Reg. 642)
Nullifies the EPA's grant of a Clean Air Act preemption waiver to California for its Advanced Clean Cars II vehicle emissions rules.
Agencies directed to act
Effective dates
- Disapproval of the EPA waiver rule and its nullification
Legislative status & sources
Latest action
Became Public Law No: 119-16.
Official CRS summary
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This joint resolution nullifies the Environmental Protection Agency notice titled California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision (90 Fed. Reg. 642) and published on January 6, 2025. Among other elements, the notice grants the California Air Resources Board request for a waiver for its Advanced Clean Cars II (ACC II) regulations. (Under the Clean Air Act, California may seek waivers of the preemption prohibiting states from enacting certain emission standards.)
Legislative subjects
Administrative law and regulatory procedures; Air quality; California; Climate change and greenhouse gases; Congressional oversight; Environmental Protection; Environmental Protection Agency (EPA); Federal preemption; Hybrid, electric, and advanced technology vehicles; Motor vehicles