California’s policy mandating a phaseout of all gasoline-powered vehicles is so unpopular, 35 Democrats crossed the aisle and voted to kill it.
But none of them were from New Hampshire.
Both U.S. Reps. Maggie Goodlander and Chris Pappas voted with a majority of Democrats against rolling back the Biden administration’s waiver for California’s rule, formally known as Advanced Clean Cars II. While the waiver was requested by California, 17 states and the District of Columbia have adopted some or all of California’s emissions standards, including Massachusetts and Vermont.
In Massachusetts, using the Advanced Clean Cars II (ACC II) rule defended by Goodlander and Pappas, 35 percent of 2026 model year cars sold by dealers must be electric. By 2035, selling new gasoline-powered cars will be illegal in the Bay State.
The Market Institute organized a letter featuring a litany of public policy organizations urging Congress to support H.J. Res 88, authored by Rep. John Joyce (R-Pa.) and “preserve choice in the automobile market.”
“Mandating EVs amounts to very bad policy that would lead to higher automobile sticker prices, less economic activity, and virtually no consumer choice,” they wrote.
Last week, the House voted 246 to 164 to do away with the Biden administration’s waiver. Thirty-five Democrats voted with Republicans to block the phaseout of gas-powered vehicles, including Gabe Vasquez (D-N.M.), Henry Cuellar (D-Texas), Hillary Scholten (D-Mich.), Jared Moskowitz (D-Fla.), and Joyce Beatty (D-Ohio).
“Michigan has a long history of building the cars and trucks that keep America moving, and other states’ rules shouldn’t affect jobs and operations here at home. As we now prepare to build the cars and trucks of tomorrow, we do so in a way that works — that’s practical, attainable, and doesn’t cost jobs in the process,” Scholten said after her vote.
“That’s why we must give our workers, truckers, and businesses the time and tools necessary to continue growing and adapting to a changing market. I’ll keep working to make sure West Michigan’s voice is heard in Congress and that our state’s economy stays strong.”
Larry Behrens, communications director of Power the Future, was glad to see it happen.
“These extreme vehicle rules were never about clean air. Instead, they were a sneaky way to let one state dictate policy for the rest of the country,” Behrens told InsideSources. “Voters rejected this top-down approach at the ballot box last November, and it’s encouraging to see Congress stepping in to restore some sanity.”
For decades, California has imposed emissions and other mandates in excess of federal standards, and many states, particularly those with Democratic governments, have chosen to follow California’s lead. Gov. Gavin Newsom (D-Calif.) announced in 2020 that the state would ban the sale of new gas-powered vehicles by 2035.
This California standard is only possible thanks to waivers from the federal government. The House has now voted to pull the EV mandate waiver. Will the GOP-controlled U.S. Senate do the same? And how would Sens. Maggie Hassan and Jeanne Shaheen vote?
It may not get the chance.
The House used the Congressional Review Act (CRA) to overturn the Biden administration’s waiver. The CRA allows Congress to review and potentially overturn federal regulations issued by government agencies. Under the CRA, agencies must submit new regulations to Congress and the Government Accountability Office (GAO) before they take effect. Congress has a 60-day window to pass a joint resolution of disapproval, a resolution that only requires a simple majority in the U.S. Senate, not the 60-vote threshold under the filibuster rules.
In this case, the GAO has ruled that the Clean Air Act waivers don’t fall under the CRA, a position supported by the Senate parliamentarian, Elizabeth MacDonough. Senate Republicans are considering challenging either the parliamentarian’s ruling or the GAO’s claim.
Democrats warn that overruling the parliamentarian and passing the CRA resolution with a simple majority could mean the end of the filibuster, which the GOP has long sought to protect.
“We understand that some may be considering overruling the Parliamentarian’s decision,” Senate Minority Leader Chuck Schumer (D-N.Y.) and other Senate Democrats wrote to their GOP counterparts. “While that might be more expedient than agency rulemaking or considering legislation under the Senate’s normal rules, such an action would be a procedural nuclear option—a dramatic break from Senate precedent with profound institutional consequences.”
Critics of the status quo on Clean Air Act waivers say it allows a single state to limit consumer choice across the country. Behrens said families should have the freedom to choose the cars they want and not be forced into expensive mandates pushed by activists. As a result, Behrens viewed the House vote as a great step toward putting the brakes on runaway government overreach.
Environmentalists support the California standard and fear that, without the filibuster, the Senate will easily overturn the waivers, likely with Democratic support. The Sierra Club was asking House members ahead of the vote to say no. Green groups hailed California’s first-in-the-nation rule as a big help in the fight against pollution and man-made climate change.
Meanwhile, business organizations have praised the House vote and urged the Senate to do the same.
“California’s Advanced Clean Cars II will cripple the economy, force families into vehicles they can’t afford, and saddle communities with an untenable, impractical edict with which to contend,” said the Specialty Equipment Market Association (SEMA).
“We thank (the House) for slamming the door on EV mandates by voting in favor of a Congressional Review Act resolution. Their bipartisan vote will preserve vehicle choice nationwide, particularly at a time when people are keeping vehicles longer, using them to transport their families, and kickstart businesses and careers.”
