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House of Representatives blocks California rule banning gasoline-powered cars

The Republican-driven measure passed with 246 votes in favor and 164 against, using a legislative mechanism known as the Congressional Review Act.

Traffic on the Interstate Freeway in Los Angeles

Traffic on the Interstate Freeway in Los AngelesDavid McNew / AFP

Sabrina Martin
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The House of Representatives voted Thursday to repeal California's environmental rule that seeks to phase out the sale of new gasoline-powered cars by 2035. The Republican-driven measure was approved with 246 votes in favor and 164 against, using a legislative mechanism known as the Congressional Review Act (CRA).

This tool allows Congress to override recent regulations with a simple majority, provided the president also approves. However, in this case,the Government Accountability Office (GAO), an independent body that legally advises Congress, warned that the California rule does not qualify as a repealable regulation under the CRA because it is a waiver granted by the Environmental Protection Agency (EPA).

A direct challenge to Congress's auditor

Despite the GAO's warning, Republican lawmakers moved forward with the vote, in what represents the second consecutive challenge to the agency's legal criteria. Last Wednesday, the House also voted to reverse waivers related to clean trucks, another environmental measure promoted by California and authorized by the EPA.

The move reinforces the Republican bloc's stance on environmental policies they consider excessive.

Senate implications and possible legal showdown

In the Senate, Republicans have also expressed interest in stopping California's environmental policies, but face similar obstacles. The Senate parliamentarian, who is charged with overseeing procedural compliance, has already determined that these exemptions cannot be overturned through the CRA. Even so, some senators are considering challenging that opinion.

The California model and its national weight

For decades, California has been allowed to set stricter emissions standards thanks to a special clause in the Clean Air Act, passed in the wake of the smog problems in Los Angeles. Provided the EPA grants approval, the state can apply more ambitious regulations than the federal government. Since more than 10% of the country's population lives in California, its decisions strongly influence the national auto market. This is added to the fact that 11 states and the District of Columbia have adopted their same electric vehicle transition goals, further amplifying the impact.
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