Republicans ask appeals court to overturn California EPA waiver ruling
XLY•Senate Majority Leader John Thune and other senior Republicans asked a US appeals court to overturn a ruling that found the EPA likely acted unlawfully by sending California vehicle-emissions waivers to Congress for potential repeal. The Senate did not vote on the rules before its window to act under the Congressional Review Act effectively ran out.
1. Republicans appeal ruling
John Thune and other senior Republicans asked a US appeals court to overturn a ruling that found the EPA likely acted unlawfully by sending California’s vehicle-emissions waivers to Congress for potential repeal. The senators said the judge had usurped Congress’s authority over its internal rules despite an express statutory restriction.
2. Dispute over waivers
California sued, arguing that the waivers were not regulations and could not be sent to the Senate under the Congressional Review Act. Republicans introduced repeal measures in August, which could pass with a simple Senate majority, but the Senate did not vote on the rules and has effectively run out of time under parliamentary rules.
3. Broader vehicle rules
The Trump administration has pursued steps to limit California’s ability to require more electric and fuel-efficient vehicles. Last year, Congress rescinded California’s authority to outlaw gas-powered vehicles after 2035 following lobbying by Toyota, General Motors and other automakers.
