In a recent op-ed published in the Washington Examiner, U.S. Senator Shelley Moore Capito (R-W.Va.), who chairs the Senate Environment and Public Works Committee, discussed the Senate's decision to pass her joint resolution of disapproval under the Congressional Review Act (CRA). This move aims to repeal California's electric vehicle mandate, which she described as misguided.
Capito expressed that despite efforts from "unelected bureaucrats in California, the Biden administration, and congressional Democrats," Congress has rejected what she views as an attempt by California to impose a mandate that would limit consumer choice and increase prices. She stated, "Congress has rejected California’s attempt to impose a mandate that would have eliminated consumer choice, increased prices, and killed jobs across the country."
The resolution passed on May 22 is seen by Capito as a victory for American consumers and a protection of Congress's oversight authority over federal agencies. The issue traces back over 50 years when Congress allowed California to request waivers from federal air regulations due to its poor air quality. However, Capito argues that this authority has been misused recently.
California's Advanced Clean Cars II regulation mandates all vehicles sold in certain states be zero-emission by 2035. Capito contends this requirement would significantly impact auto manufacturing and consumer choice nationwide.
Capito criticized the Biden EPA for not submitting its decision on this waiver to Congress under the CRA but noted former President Trump identified it as a rule requiring submission. Her resolution seeks to reverse this waiver using CRA processes.
Senate Democrats attempted to counteract this action by requesting a Government Accountability Office (GAO) opinion stating that the waiver was not a rule under CRA guidelines. Despite precedent against issuing such opinions once rules are submitted, GAO issued an observation letter aligning with Democrats' stance.
Capito emphasized that elected representatives should decide on significant agency rules submitted to Congress and argued against claims that their actions undermine legislative procedures like filibusters.
"Despite the best efforts of unelected bureaucrats in California," Capito reiterated her view that Congress acted appropriately in rejecting California's electric vehicle mandate.
