Senate parliamentarian says lawmakers can’t overturn California car rules — but Republicans may try anyway

The Senate parliamentarian has ruled that lawmakers cannot use the Congressional Review Act (CRA) to overturn California’s electric vehicle mandate — but Republicans may defy the arbiter of the Senate’s rules.

The parliamentarian’s ruling was first made public by statements from Senate Democrats Friday.

“We’re gratified that the Senate parliamentarian followed decades of precedent showing that California’s Clean Air Act waivers are not subject to the Congressional Review Act,” Sen. Sheldon Whitehouse (D-R.I.) said in a written statement. 

The Congressional Review Act is a law that allows Congress — with the president’s approval — to overturn regulations using a simple majority. 

However, the Biden administration's approval of California’s gas car phaseout was technically issued via a waiver, rather than a federal rule — raising questions about whether the CRA applied to it.

Despite the parliamentarian’s determination, Senate Republicans indicated that they may press forward. A few hours after the ruling was made public, Republicans issued a statement noticing that they had introduced a CRA resolution targeting the waiver. 

“The American people have made it clear that they want consumer choice – not an EV mandate. I will continue to address all options available to strike down these rules and eliminate the consequential impact they would make across our country,” Sen. Shelley Moore Capito (R-W.Va.) said in a written statement.

She did not directly address the parliamentarian’s ruling in her statement. Capito spokesperson Brent Scott added that the senator “continues to believe that the waivers are rules” and that they were introduced to “preserve all options.”

“Chairman Capito continues to work with her colleagues and Senate Republican leadership to determine steps forward in this process,” Scott said, referring to Capito’s chairship of the Environment and Public Works Committee.

Senate Republicans are also considering bypassing the parliamentarian on a much higher-profile issue: President Trump’s tax cuts. 

The Government Accountability Office, a nonpartisan congressional watchdog, has also said that the California waiver is not subject to the CRA.