PolicyBrief
S.J.RES. 45
119th CongressApr 4th 2025
A joint resolution providing for 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".
IN COMMITTEE

This joint resolution expresses Congress's disapproval of the EPA's rule concerning California's Advanced Clean Cars II pollution control standards.

Shelley Capito
R

Shelley Capito

Senator

WV

LEGISLATION

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

This joint resolution is Congress’s way of hitting the emergency brake on a specific rule issued by the Environmental Protection Agency (EPA). The resolution aims to disapprove, and thus stop, the EPA’s decision concerning California’s ability to implement its highly stringent “Advanced Clean Cars II” standards. Essentially, Congress is using its authority under the Congressional Review Act (Chapter 8 of Title 5, U.S. Code) to veto the EPA’s regulatory action, ensuring that rule never takes effect.

The Waiver That Won't Happen

To understand what’s happening, you need to know about the Clean Air Act. Typically, the federal government sets vehicle emissions standards, but the law gives California special permission—a waiver—to set its own, much stricter standards, which other states can then choose to adopt. The EPA recently finalized a rule that would have granted this waiver for California’s latest set of standards, known as Advanced Clean Cars II, which aggressively target vehicle pollution. By passing this joint resolution, Congress is effectively nullifying the EPA’s waiver decision. This means that California cannot enforce its new, stricter pollution controls on motor vehicles and engines, keeping the existing, less stringent federal standards in place for now.

What This Means for Your Commute and Air Quality

For the average person, this isn't just bureaucratic red tape; it has real-world consequences, especially for those living in areas that struggle with air quality. The Advanced Clean Cars II standards were designed to accelerate the reduction of smog-forming pollutants and greenhouse gases from cars. If you live in a dense urban area or a region prone to poor air quality, like the Central Valley in California, this resolution means those stricter pollution controls won't be coming online anytime soon. It maintains the status quo regarding vehicle emissions, which could slow down improvements in local air quality and public health outcomes tied to vehicle pollution. The resolution effectively favors the national, less restrictive standards over California’s push for cleaner air, which impacts everyone who breathes the air near busy roads.

The Regulatory Power Play

This resolution highlights a significant policy conflict: who gets to set the rules for what cars can and can’t emit? By using the Congressional Review Act, Congress is directly overriding a decision made by the EPA—the agency specifically tasked with protecting public health and the environment. This move benefits automakers and industries that might have faced higher compliance costs or been forced to accelerate technological changes under the stricter California standards. However, it negatively impacts the regulatory authority of the EPA and the ability of states like California (and the 17 other states that often follow California’s lead) to pursue more aggressive environmental protection policies tailored to their specific needs. It's a clear signal that Congress intends to keep a tight leash on federal agencies' environmental rulemaking powers.