The Senate voted yesterday to overturn California’s ability to set its own tailpipe emissions standards, reported the Wall Street Journal. “The move nullifies a measure, enacted by the state in 2022 and later, adopted by 11 other states, banning the sale of new gasoline-powered cars by 2035,” wrote the WSJ.  

The mandate was overturned in a 51-44 bipartisan vote, and it now will be sent to President Donald Trump who is expected to sign it. Because of the special procedures used by the House and Senate under the Congressional Review Act, their vote to disapprove the EV mandate will apply not only to existing regulations—but also to future regulations that are "substantially the same" as the California model. The Congressional Review Act will also make it very difficult to challenge Congress's decision through litigation. 

Senate Majority Leader John Thune (R., S.D.) called the waiver “an attempt by the Biden administration to impose an electric-vehicle mandate across this country.” Thune said it would have a devastating impact on the U.S. economy if not overturned, per the WSJ.  

“NACS applauds this important bipartisan action to rein in misguided regulation and protect consumer choice,” said NACS Deputy General Counsel Matt Durand. “While there is a clear role for EVs in the market, mandating one technology undermines investment in all others—including the promising alternative fuel technologies already competing to reduce emissions, improve efficiency, and enhance performance across the full breadth of end-user applications.” 

NACS has long opposed the EV mandates, instead favoring the technology-neutral approach outlined in its recent letter to Congressional leadership. Beyond the legislative branch, NACS is also litigating a challenge to an earlier version of California's EV car mandate, which is currently pending before the U.S. Supreme Court.