WASHINGTON DC (5/16/25) – Today, the American Energy Alliance launched a five-figure advocacy initiative in Utah. The ads encourage Senator John Curtis (R-UT) to support the effort to overturn the Environmental Protection Agency’s approval of the Clean Air Act waiver for California’s Advanced Clean Cars (ACC II) rule. The Senate is expected to take up the measure before the Memorial Day recess.
AEA President Thomas Pyle issued the following statement:
“The Congressional Review Act is clear: once an agency submits an action to Congress, only Congress has the authority to approve or reject it. California’s waiver, which is a crucial element behind a nationwide electric vehicle mandate, illustrates exactly why the CRA exists—to give lawmakers a say in major regulatory decisions.
“We want voters in Utah to know that Senator Curtis is the weak link here. In spite of expressing his support for giving voters a choice in the types of cars and trucks that best suit their needs, Senator Curtis is wavering in his support to end the backdoor EV mandate. Without his support, the waiver may remain in place, ensuring former President Biden’s electric vehicle mandate will live on, in spite of President Trump’s promise to end it. Senator Curtis must protect consumer choice for Utahns and stop unelected agencies from controlling the future of American transportation.”
Background:
The waiver allows California to ban the sale of gas-powered cars by 2035 and permits 18 other states to adopt the same policy. A central issue is whether such EPA waivers fall under the Congressional Review Act (CRA), which gives Congress the authority to review and potentially overturn agency rules. Both the Government Accountability Office and the Senate Parliamentarian have challenged this, arguing that California’s waiver is not a rule subject to CRA oversight.
However, these waivers meet the CRA’s definition of a rule, as they have broad applicability across multiple states and significantly impact the national auto industry. Their sweeping regulatory effects and precedent-setting implications support this classification. The Trump administration also treated waivers this way, submitting them for congressional review.
On May 1, 2025, the House passed a CRA resolution to overturn the waiver. The measure now heads to the Senate, where a vote is expected this week. Senator John Curtis remains undecided—his vote could determine whether Washington bureaucrats succeed in their effort to cement former President Biden’s electric vehicle mandate.
AEA Experts Available For Interview On This Topic:
- Tom J. Pyle, President
- Kenny Stein, Vice President of Policy
- Alex Stevens, Manager of Policy and Communications
Additional Background Resources From AEA:
- Congress Has the Authority to Review EPA “Waivers” of Clean Air Act Preemption – Yale Regulatory Review
- Congress, Not the GAO, Gets to Decide on the California Waiver
- Ending Biden’s EV Mandate Requires Ending California’s Waiver
For media inquiries please contact:
THOMAS.PYLE@ENERGYDC.ORG