‘Uncharted territory’: House votes to repeal California clean truck policies, setting up legal fight

The U.S. House of Representatives voted to cancel California’s clean truck regulations, which could lead to a major legal fight. The House used the Congressional Review Act (CRA) to overturn the Biden administration’s approval of these rules, even though the Government Accountability Office (GAO) and the Senate parliamentarian have said that the CRA does not cover the waivers allowing these regulations.

California’s regulations, led by the California Air Resources Board (CARB), include two main parts. One part is meant to boost the number of electric trucks with zero emissions on California roads. The other part is designed to cut nitrogen oxide (NOx) emissions, which are a major cause of smog and breathing problems.

CARB points out that while heavy-duty trucks make up a small portion of vehicles on the road, they produce a much larger share of NOx and particle pollution. Just the NOx rule is expected to bring $23 billion in health benefits, per Reuters. As reported by The Hill, the House votes passed with 231 to 191 and 225 to 196, with some Democrats joining Republicans to support the repeal.

California trucking law has been repealed

Thirteen Democrats sided with Republicans on the first vote, and ten did the same on the second. Republican Representative Brian Fitzpatrick from Pennsylvania was the only Republican to vote against the measures.

The House’s decision goes against the GAO’s ruling that the EPA’s approval of California’s regulations, given as waivers under the Clean Air Act, cannot be overturned using the CRA. The GAO says the CRA applies to rules, not waivers.

Similarly, the Senate parliamentarian oversees Senate rules and has also said these waivers cannot be repealed under the CRA. CARB has clearly stated that these House votes break both the CRA and the nonpartisan opinions of the GAO and the Senate parliamentarian. Despite these legal views, House Republicans, who say they want to stop what they call “comply-or-die Green New Deal mandates,” pushed ahead with the votes, showing they are willing to ignore established legal interpretations and congressional traditions.

Republican Representative John James, who introduced one of the resolutions, claimed that California’s rules would raise vehicle prices, making things harder for families and truckers. The broader Republican argument focuses on how these regulations could hurt the trucking industry and consumers. On the other hand, supporters of California’s rules emphasize the major public health benefits of reducing air pollution and fighting climate change.

The vote on the clean truck rules is not the only action being taken. The House is also planning to vote on a measure to stop California’s plan to end the sale of gas-powered cars by 2035, a policy that eleven other states have also adopted. The EPA approved this plan under the Clean Air Act, which lets California set stricter vehicle emission standards than the federal government because of its history of serious smog problems. The Clean Air Act recognizes California’s unique challenges and allows the state to create tougher regulations with EPA approval. This upcoming vote is also expected to face legal challenges.