On June 12, 2025, President Trump delivered on his promise to ease the aggressive push led by California and other states to mandate a transition to electric vehicles. At a White House signing ceremony, Trump signed three Congressional Review Act (“CRA”) resolutions that rescind California’s EV sales mandates and diesel engine rules upon which several other states had modeled their emissions standards. The resolutions carry out one of President Trump’s day-one Executive Orders calling for the termination of Biden Administration federal preemption waivers that allow California and other states to set their own vehicle emission standards.
The principal resolution, H.J. Res. 88, revokes the Environmental Protection Agency’s Clean Air Act waiver to California. The waiver allowed California to adopt its own vehicle emission rules in lieu of federal standards. As a result of the waiver, California mandated that, beginning in model year 2026, zero emission vehicles must constitute 35% of each auto manufacturer’s sales of new motor vehicles, escalating through 2035, when sales of new, fully gas-powered vehicles would effectively be prohibited in California. The waiver also allowed other states to adopt California’s standards, which many did, including Colorado, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, and Washington. “We officially rescue the US auto industry from destruction by terminating California’s electric vehicle mandate, once and for all,” Trump remarked upon signing the resolution.
In addition to H.J. Res. 88, President Trump signed H.J. Res. 87, rescinding the EPA’s waiver that authorized California’s mandate of escalating sales of zero-emission medium and heavy-duty trucks. The third resolution, H.J. Res. 89, revoked California’s waiver that led to the regulation of low-nitrogen oxide emissions from heavy-duty highway and off-road vehicles.
The auto industry welcomed the news of President Trump’s action. In a statement released last week, John Bozella, President and CEO of the Alliance for Automotive Innovation, whose members include leading motor vehicle manufacturers, said: “Everyone agreed these EV sales mandates were never achievable and wildly unrealistic . . . President Trump deserves credit for identifying this problem – and doing something about it.”
Both the Government Accountability Office and the nonpartisan Senate parliamentarian issued nonbinding determinations that this use of the CRA was not appropriate. Shortly after signing, California and ten other states filed suit in federal court in California challenging all three resolutions. The states contend that principles of federalism and separation of powers prohibit the federal government from using the Congressional Review Act to “negate state rules.” While the CRA “was enacted to facilitate congressional review of certain federal agency rules,” the states allege, “preemption waiver decisions are not ‘rules.’” Therefore, according to the states, Congress cannot lawfully rescind Biden Administration preemption waivers through the CRA. The lawsuit seeks an order from the Court declaring the resolutions of no effect on the status or enforceability of state emissions control programs.
While the lawsuit plays out, Governor Newsom of California signed an executive order on June 12 directing the California Air Resources Board to develop new zero-emission regulations.
