WASHINGTON, D.C.—The Zero Emission Transportation Association’s Executive Director, Albert Gore, issued the following statement in response to today’s vote to overturn the California air emissions waiver through use of the Congressional Review Act (CRA):

“Today’s vote to improperly apply the Congressional Review Act to revoke a state’s right to make state policy — a right granted and strengthened by federal laws passed through regular order with wide majorities for a half century — is an extraordinary action that sets a dangerous precedent. The pre-emption waiver authority in the Clean Air Act has been upheld and strengthened not only because it has been critical in addressing major local air quality issues, but in large part because it has been a successful example of cooperative federalism. 

“Despite EPA’s own submission of these notices of decision stating these were not rules subject to the Congressional Review Act, as well as rulings from both the Senate parliamentarian and the Government Accountability Office — two non-partisan entities — that determined the waiver decisions were not rules subject to the extraordinary procedures of Congressional Review Act that limit debate and legal review, the Senate bypassed the safeguards intended to constrain these procedures within limited circumstances that did not exist in this case. In voting for this bill today, the Senate has set a concerning precedent that will undermine the strength of other state waivers under federal law, including critical healthcare and employment waivers that empower state governments to protect their own citizens. 

“The electric vehicle and battery supply chains will continue to invest in job creation and economic growth in cities and towns across our country. Despite today’s vote, states and localities across the country will continue to advance policies that will ensure American leadership in the global auto industry, and ZETA will continue to support those efforts.”