This Act prohibits states from obtaining waivers to set new vehicle emission standards that restrict the sale or use of new cars with internal combustion engines and requires the revocation of existing conflicting waivers.
Markwayne Mullin
Senator
OK
The Preserving Choice in Vehicle Purchases Act of 2025 amends the Clean Air Act to prohibit states from receiving waivers to set new vehicle emission standards that restrict the sale or use of new cars with internal combustion engines. This legislation invalidates any existing or future state standards that directly or indirectly limit traditional gasoline-powered vehicles. Furthermore, the bill mandates the revocation of any previously granted waivers that conflict with this new restriction.
The aptly named “Preserving Choice in Vehicle Purchases Act of 2025” is a piece of federal legislation designed to do one thing: stop states from setting their own rules that restrict the sale or use of new cars powered by internal combustion engines (ICE)—that’s your standard gas or diesel vehicle. This bill directly targets the ability of states to mandate a shift toward electric vehicles or other zero-emission technology. Specifically, it changes Section 209(b) of the Clean Air Act, making it impossible for the Environmental Protection Agency (EPA) to grant a state the necessary waiver if that state standard “directly or indirectly restricts the sale or use of new motor vehicles that are powered by an internal combustion engine.”
If you live in a state that has been trying to get ahead of the curve on vehicle emissions—maybe you’ve seen proposals to phase out gas cars by a certain date—this bill hits the brakes hard. Currently, the Clean Air Act allows states, particularly California, to set stricter vehicle emission standards than the federal government, provided they get a waiver from the EPA. Other states can then adopt these stricter standards. This Act essentially adds a huge, specific caveat to that waiver process: if your stricter standard touches the sale or use of a new gas engine vehicle, the EPA can’t approve it. For a state regulator trying to clean up the air in a major metro area, this removes a critical tool for reducing smog and tailpipe emissions, forcing them to rely only on less impactful measures.
This isn’t just about future plans; the bill also reaches back into the past two years. The Act mandates that the EPA Administrator must revoke any waiver granted between January 1, 2022, and the date the bill becomes law if that waiver allowed a state to limit ICE vehicle sales. This means that any state that recently received EPA approval to start phasing out gas cars—a move often tied to ambitious climate goals—will have that approval yanked immediately. Imagine being a car manufacturer who has already started retooling production lines based on those state mandates; this bill creates instant regulatory whiplash, forcing a sudden shift back to the status quo.
For the average consumer, this bill ensures that gas-powered cars will remain widely available in all states for the foreseeable future, preserving “choice” for those who prefer or rely on existing technology, such as those in rural areas or those concerned about the current price and range of electric vehicles. However, the cost is borne by those who live in areas with poor air quality and those who favor aggressive climate action. By removing the state-level pressure to innovate and transition away from fossil fuels, the bill benefits the manufacturers of traditional ICE vehicles and, indirectly, the oil and gas industry. Essentially, this federal action centralizes the decision-making power, stripping states of their ability to regulate based on local environmental needs and public health concerns. It’s a clear signal that the federal government is stepping in to maintain the current market structure for new cars, regardless of what individual states might prefer.