Largest Clean Air Act attack in history advances in the House; attempt to end state-led tailpipe standards that cut dangerous air pollution

Today, in an unprecedented and illegal attack on the nation’s bedrock air quality law, the House of Representatives passed two Congressional Review Act resolutions attempting to block states from implementing policies that cut pollution from motor vehicles. A third is expected to pass tomorrow. Authorization for these policies has been a core component of the Clean Air Act for more than 50 years.

The three standards at risk, which have been adopted by 12 states (plus the District of Columbia), include the Advanced Clean Cars II, Advanced Clean Trucks, and/or Heavy-Duty Omnibus policies. Together, these states represent roughly a third of the market for passenger vehicles and a quarter of the market for trucks and buses. These clean vehicle policies are among the most effective policy levers available to states to address transportation pollution. In addition to this Congressional attack, the Trump administration plans to ‘remove the floor’ by rolling back the minimum federal protections against vehicle pollution.

Health, business, labor, interfaith, environmental and consumer protection groups have vigorously opposed the CRA resolutions in multiple open letters to Congress. Transportation is the largest source of air pollutants in the United States, causing and exacerbating asthma, heart attacks, cancer and other serious health conditions.

The Government Accountability Office and the Senate parliamentarian have ruled that the Environmental Protection Agency waivers are not subject to CRAs. To become law this would still need to pass the Senate, which now has the opportunity to stand up for clean air and refuse to take up these harmful measures.

Advocates released the following statements in response to the vote
“The unprecedented House action to strip clean air protections away from America’s children is outrageous, said Will Barrett, Senior Director for Nationwide Clean Air Advocacy at the American Lung Association. “We call on all Senators to protect kids from dangerous air pollution and reject any measures to strip states’ abilities to protect their residents.”

“This vote is an unprecedented and reckless attack on states’ legal authority to address the vehicle pollution causing asthma, lung disease and heart conditions,” said Kathy Harris, Director of Clean Vehicles at the Natural Resources Defense Council. “These EPA waivers allow California – and states that chose to align with it – to curb tailpipe emissions. If other states don’t like California’s approach, they don’t need to follow it. But Congress shouldn’t intervene and try to block state leaders from protecting their residents from dangerous pollution.”

“These so-called Congressional Review Act resolutions are nothing more than an illegitimate power grab,” said Matthew Davis, Vice President of Federal Policy at the League of Conservation Voters. “In this case, the CRAs are being wielded to block clean air protections, and will, ultimately, prevent U.S. automakers from making more efficient vehicles that are less expensive to drive. This would risk domestic manufacturing investments while other countries and manufacturers win the global competition. For more than 50 years, California has had the authority to set strong vehicle standards under the Clean Air Act, and this authority has been reaffirmed by administrations of both parties. Around a dozen states have also adopted these innovative and flexible standards. We urge Congress to not hinder the states’ decisions to clean up their air and deliver greater cost-saving vehicle choices for their residents.”

“The zero-emission vehicle industry has grown at a record-breaking speed with the help of bold, forward-looking solutions,” said Trisha Dello Iocano, Head of Policy at CALSTART. “Pulling back on the industry’s progress by upending the bipartisan legacy of the Clean Air Act and undermining California’s authority to support the zero-emissions transportation industry will have severe and lasting consequences. This move will irrevocably harm innovation and economic growth at a time when we cannot afford to disrupt business certainty. We urge the Senate to ensure our country leads on the inevitable shift to electric mobility and maintains a globally competitive manufacturing sector by protecting these critically important waivers.”