PolicyBrief
H.J.RES. 88
119th CongressJun 12th 2025
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".
SIGNED

This joint resolution disapproves the EPA's rule allowing California to implement its Advanced Clean Cars II vehicle pollution control standards.

John Joyce
R

John Joyce

Representative

PA-13

PartyTotal VotesYesNoDid Not Vote
Democrat
2583620616
Republican
272261011
Independent
2020
LEGISLATION

Congress Moves to Block EPA's 'Advanced Clean Cars II' Rule, Halting Stricter Vehicle Standards

This joint resolution is short, but its impact is huge—especially if you live in a state that pays attention to air quality. It uses the Congressional Review Act (CRA) to formally reject a specific rule issued by the Environmental Protection Agency (EPA). That rule was the EPA’s decision to grant California the authority, via a waiver, to implement its “Advanced Clean Cars II” standards. By passing this resolution, Congress is essentially canceling the EPA’s approval, meaning those stricter standards for vehicle emissions and electric vehicle sales can’t move forward under this specific federal authorization.

The Fine Print: What’s Being Canceled?

To break down the policy jargon: California has historically been allowed to set its own, more rigorous vehicle emission standards, which other states often adopt. This is called a waiver of preemption. The EPA recently granted this waiver for California’s newest program, the Advanced Clean Cars II rule, which aims to ramp up the transition to zero-emission vehicles. This resolution, however, targets the EPA’s notice of decision (specifically, 90 Fed. Reg. 642) that granted that waiver. Because the CRA is a blunt instrument, rejecting this notice means the EPA’s decision is wiped clean, having “no force or effect.” Translation: The stricter clean car rules are stopped dead in their tracks.

Who Feels This Change?

This isn't about some obscure regulatory tweak; it hits the pavement where we live and breathe. For people in California and the 17 other states that tend to adopt California’s emission standards, this resolution means the air quality improvements and the faster transition to cleaner vehicles promised by the Advanced Clean Cars II program are now off the table. If you live in an area with high vehicle congestion or smog, this means continued exposure to higher levels of tailpipe emissions than would have been allowed under the canceled rule. This disproportionately affects communities near major highways and industrial areas.

Automakers, on the other hand, get a reprieve. The Advanced Clean Cars II rule would have required them to sell a rapidly increasing percentage of zero-emission vehicles, leading to major investments and changes in their product lines. By canceling the rule, Congress reduces the immediate pressure on manufacturers to accelerate that transition, potentially saving them short-term compliance costs. However, it also creates regulatory uncertainty for long-term planning, which is never great for business.

The Bigger Picture: Regulatory Tug-of-War

This move highlights a significant power struggle between Congress and the EPA regarding environmental policy. The Congressional Review Act allows Congress to overturn specific regulations with a simple majority, and using it here to target a specific environmental standard is a powerful legislative intervention. While proponents might argue it restores legislative control over an executive agency, the practical result is the removal of a significant environmental protection measure. For the average person, it means that even when a federal agency approves state-level standards designed to improve public health and combat climate change, Congress can step in and cancel the approval, overriding environmental protections with a legislative veto.